UNIVERSITY    OF    CALIFORNIA     PUBLICATIONS 

IN 

AMERICAN    ARCHAEOLOGY    AND    ETHNOLOGY 

Vol.  15,  No.  1,  pp.  1-186,  plates  1-33  February  15,  1919 


IFUGAO  LAW 

BY 

R.  F.  BARTON 


'•  M-  art  likely  to  think  of  the  savage  as  a  freakish  creature,  all  moods — at  one 
a  friend,  at  the  next  moment  a  fiend.    So  he  might  be  were  it  not  for  the 

social  drill  imposed  by  his  customs.  So  he  is,  if  you  destroy  his  customs,  and  expect 
him  nevertheless  to  behave  as  an  educated  and  reasonable  being.  Given,  then,  " 
primitirt  society  in  a  healthy  and  ui, contaminated  condition,  its  members  will  inva- 
riably be  found  to  be  on  the  averag<  more  law-abiding,  as  judged  from  tin  stand- 
point of  their  own  law,  than   is  the  case  in  any  civilized  state. 

"Of  course,  if  ice  liave  to  do  with  a  primitive  society  on  the  doion-grade — and 

very  few  that  havi    been  ' Civilizaded,'  as  John  Stuart  Mill  firms  it.  at  the  hands  of 

the  white  man  are  not  on  the  doivn-grade — its  disorganized  and  debased  custom  no 

serves  a  vital  function.    But  a  healthy  society  is  bound,  in  a  wholesale  way, 

to  have  a  healthy  custom." 

R.  R.  Marrett,  in  Anthropology. 


CONTENTS 
[ntrodugtion 

PAGE 

The  Ifugaos S 

Sources  of  Ifugao  Law  and  its  present  status  of  development 11 

-*  1.     Relation  of  taboo  to  law 11 

2.     Scope  of  customary  law    14 

■*  3.     Connection  of  law  and  religion 14 

4.  General  principles  of  the  Ifugao  legal  system 14 

5.  St:iLx.-  of  development  of  Ifugao  law 16 

The  Family  Law 

Marriage 17 

6.  Polygamy     17 

7.  Nature  of  marriage  17 

8.  Eligibility  to  marriage       IS 

9.  The  two  ways  in  which  marriage  may  lie  brought  about  IS 

10.  Contract  marriage    1'.' 

11.  Marriage  ceremonials 21 

12.  (lifts  t,,  tl„.  kin  of  the  bride:  hakba 22 

13.  Obligations  incurred  by  those  who  enter  into  a  marriage  contract       24 

14.  The  binawit  relation                    25 

15.  Property  rights  acquired  by  marriage 26 


University  of  California  Publications  in  Am.  Arch,  ami  Eihn.      [Vol.15 


Remarriage  of  the  widowed 27 

16.  The  gibu  payment  to  terminate  marriage 27 

Divorce 30 

17.  Divorce  because  of  necessity 30 

18.  Divorce  for  mutual  benefit 30 

19.  Divorce  which  may  be  demanded  by  either  party 30 

20.  Cases  where  divorce  may  be  demanded  by  one  party  or  the  other 31 

21.  The  hudhud,  or  payment  for  mental  anguish 32 

22.  Divorce  ceremonies , 33 

23.  Property  settlements  in  ease  of  divorce 33 

Dependents  in  relation  to  family  law 34 

24.  Adopted  children 34 

25.  Servants  34 

26.  Slaves 35 

niegitimate  children 36 

27.  Definition  of  illegitimacy;  its  frequency 36 

28.  Obligations  of  father  to  bastard  child 36 

29.  Determination  of  parentage 37 

Reciprocal  obligation  of  parents  and  their  children 37 

30.  Duties  of  parents  to  children 37 

31.  Obligations  of  children  to  parents 38 

The  Property  Law 

The  kinds  of  property 39 

32.  The  Ifugao's  classification  of  properties 39 

Family  property 39 

33.  The  Ifugao  attitude  toward  family  property 39 

34.  Rice  lands 40 

35.  Forest  lands 40 

36.  Heirlooms 40 

37.  Sale  of  family  property 41 

Personal  property 41 

38.  Definition '. 41 

39.  Houses 41 

40.  Valuable  trees 41 

Perpetual  tenure 12 

41.  Rice  and  forest  lands 42 

42.  "  Homesteading" 43 

i:;.     Paghok,  or  landmarks 43 

44.  Right  of  way  through  property  owned  by  others 43 

Transient  tenure                                 43 

45.  Tenure  of  sweet  potato  fields    43 

Transfers  of  property  for  a  consideration       44 

46.  ThebaM                 44 

47.  Sales  of  family  property               45 

is.     Responsibility  of  seller  after  property  has  left  his  hands 49 

Transfers  of  property  arising  from  family  relationships     50 

49.  Methods  of  transfer                                                         50 

50.  Assignment  and  transfer  of  property  during  the  lifetime  of  the  owner...  50 

51.  Inheritance                              50 

52.  The  passing  of  property  between  relatives  because  of  relationship 50 

53.  The  law  of  primogeniture 51 


1919]  Barton  :  Ifugao  I  an 

PAGE 

54.  The  passing  of  property  to  legitimate  sons  and  daughters  by  assignment 

or  inheritance 51 

55.  The  passing  of  property  to  other  relatives      51 

56.  Property  rights  of  bastards 52 

57.  Transfers  of  property  to  adopted  children    53 

58.  Servants  and  slaves  as  inheritors  54 

59.  Willsand  testaments 54 

Settlements  of  debts  of  the  aged  and  deceased 55 

60.  W  hen  the  debtor  lias  children 55 

61.  When  the  debtor  is  childless  but  leaves  a  spouse 55 

62.  Debts  for  which  the  kin  of  the  deceased  are  held 55 

63.  Altitude  toward  debts 56 

Borrowing  and  lending 56 

64.  Lupe,  or  interest 56 

65.  Fatang,  or  interest  paid  in  advance 56 

66.  Another  form  of  patang 57 

( to-betweens  57 

07.     The  go-between 57 

6S.     Responsibility  of  go-betweens 57 

69.  Conditions  relieving  a  go-between  of  responsibility 58 

70.  Payment  due  those  who  find  the  body  of  one  dead  by  violence 58 

Contract-  for  the  sale  of  property 59 

71.  On  whom  binding 59 

Irrigation  law 59 

72.  The  law  as  to  new  fields 59 

73.  The  law  as  to  water 60 

74.  The  law  as  to  irrigation  ditches 60 

Penal  Law 

Penalties 61 

75.  Nature  and  reckoning  of  fines 61 

Circumstances  which  affect  penalty     63 

76.  Moral  turpitude  not  a  factor 63 

Penal  responsibility 63 

77.  The  nungolat,  or  principal 63 

78.  The  tombok,  or  "thrower" 64 

79.  Iba 'n  di  nungolat,  ' ' the  companions  of  the  one  who  was  strong " 64 

80.  The  monludol,  "shower,"  or  informer 64 

81.  Servants  who  commit  crimes  at  the  bidding  of  their  masters 64 

82.  Likelihood  to  punishment 6  ' 

83.  Drunkenness  and  insanity  in  relation  to  criminal  responsibility 65 

84.  The  relation  of  intent  to  criminal  responsibility 65 

Other  factors  affecting  liability .' 66 

85.  Alien-hip       66 

86.  Confession    66 

87.  Kinship    67 

88.  Rank  and  standing  in  the  community 67 

89.  Importance  of  influential  position  and  personality 6S 

89a.  Cripples  and  unfortunates 68 

The  principal  crimes  and  their  frequency 69 

90.  List  of  offenses 69 

Sorcery '" 


\y  of  California  Publicai  ■  Arch,  and  Ethn.      [Vol.15 


91.     The  ai/nl:  or  soul-stealing                                         70 

Other  forms  of  sorcery                               70 

93      Punishmenl  of  Borcery                                             71 

Adultery                                                                                  72 

!M      Forms  of  adultery                                                    72 

Punishmenl  of  adultery                                           73 

96.     Sex  in  relation  to  punishmenl  for  adultery              74 

The  taking  "t"  life                                                              75 

'.i7.    General  considerations                                                               75 

98  Executions  justifiable  by  [fugao  law 76 

99  Feuds                                                            77 

100.  War                                                       77 

101.  Head-taking                                                            78 

102.  Htbvl,  or  homicide                      78 

103      attempts  to  murder                   79 

nil      Wounding                                                      79 

in.",.     8pecial  liability  of  the  givers  of  certain  feasts        79 

106.     The  labod,  fine  assessed  for  homicide                       -81 

in;.     Accidental  killing  of  animals 82 

108  Malicious  killing  of  animals                           83 

Putting  another  in  the  position  of  an  ace  »mplice               83 

109  The  tokom,  or  fine  for  compromising  another           83 

Theft                                                                         85 

110.  Of  theft  in  general                       85 

111.  Theft  of  rice  from  a  granary                                   86 

112     Theft  of  unharvested  rice           86 

113.     Dlegal  confiscation                                         86 

Arson                                                                87 

1 1  I.      I'iiics  assessed  for  goba  or  arson            87 

Kidnapping                                                     87 

115  Circumstances  under  which  kidnapping  may  occur 87 

[ncesl                                                                               88 

1 16  Rarity  of  such  offenses                       88 

Rape                                                                                SS 

117.     I'.'.th  parties  l •<  1 1 1 tz  unmarried                         88 

liv      l.'.-ipi-  of  a  married  woman  by  an  unmarried  man           89 

119.  RApeofa  married  woman  by  a  married  man         89 

Ma-hailvu,  or  minor  offenses                                               89 

120.  false  accusation                                                             89 

121.  Baag  or  slander                                                              90 

122.  Threats  of  violence                                                  90 

123      ln-ult                                                                                                    90 

PSOCI  i'i  m 

The  family  in  relation  to  procedure                            .  92 

l-i      Family  unity  and  cooperation                                          92 

The  monkalvm  nr  go-between                                                                 94 

125.     Nature  "f  In-  dul  ii  94 

Testimony                                                                                   95 

1 26      Litig  mi-  '1  ■  ii"!  «•  infronl  each  other                                  95 

<  frdeale                                                                                    96 

r_'7     Cases  in  which  employed                                                 96 


i«H!>|                                        Barton :  Ifugao  Law  5 

PAGE 

128.    The  hot  water  ordeal      96 

L29.    The  hot-bolo  ordeal 97 

L30.     Alao,  or  duel 97 

131.  Trial  by  bultong  or  wrestling     97 

132.  The  umpire  and  the  decision    99 

Execution  of  justice  99 

133.  Retaliation  99 

134.  Seizure  of  chattels 100 

135.  Seizure  of  rice  fields         102 

136.  Enforced  hospitality 103 

137.  Kidnapping  or  seizure  of  persons 104 

i:;s.     Cases  illustrating  seizure  and  kidnapping 104 

The  paowa  or  truce 107 

139.     The  usual  sense  of  the  term  "paowa7' 107 

1  10.     Another  sense  of  the  term  "paowa" 107 

Termination  of  controversies:  peace-making 108 

-M41.     The  liidit  or  religious  aspects  of  peace-making 108 

An  inter-village  law : 109 

142.      Neutrality 109 

Appendices 

I.     Ifugao  reckoning  of  relationship 110 

II.     Connection  of  religion  with  procedure 110 

III.  Parricide 120 

IV.  Concubinage  among  the  Kalingas 121 

( rlossary 122 

Explanation  of  plates 130 


Publications  in  Am.  Arch,  and  Ethn.     [Vol.15 


PREFACE 

There  is  no  law  bo  strong  as  custom.  How  much  more  universal, 
willing,  and  spontaneous  is  obedience  to  the  customary  law  that  a 
necktie  shall  be  worn  with  a  stiff  collar  than  is  obedience  to  the  ordained 
law  against  expectoration  on  sidewalks;  notwithstanding  that  the 
latt.T  lias  more  basis  in  consideration  of  the  public  weal  and  even  in 
aesthetics. 

This  little  paper  shows  how  a  people  having  no  vestige  of  consti- 
tuted authority  or  government,  and  therefore  living  in  literal  anarchy, 

dwell  in  comparative  pe; and  security  of  life  and  property.     This 

is  owing  to  the  fad  of  their  homogeneity  and  to  the  fact  that  their  law 
is  based  entirely  on  custom  and  taboo. 

The  [fugaos  are  a  tribe  of  barbarian  head-hunters.  Nevertheless, 
after  living  among  them  for  a  period  of  eight  years,  I  am  fully  satisfied 
that  never,  even  before  our  government  was  established  over  them,  was 
the  loss  of  life  from  violence  of  all  descriptions  nearly  so  great  among 
them  as  it  is  among  ourselves.  I  do  not,  however,  wish  to  be  under- 
stood as  advocating  their  state  of  society  as  ideal,  or  as  in  any  way 
affording  more  than  a  few  suggestions  possibly  to  our  own  law-makers. 
Given  dentists  and  physicians,  however,  I  doubt  gravely  if  any  society 
in  existence  could  afford  so  much  advantage  in  the  way  of  happiness 
and  true  freedom  as  does  that  of  the  Ifugaos. 

Bui  we  must  realize  that  probably  neither  security  of  the  individual 
life  nor  even  happiness  are  the  chief  ends  of  existence.  The  progress 
and  evolution  of  our  people  are  much  more  important  in  all  prob- 
ability, and  this  seems  to  demand  the  sacrifice  of  ease  and  freedom 
and  of  much  happiness  on  the  part  of  the  individuals  composing  our 
society. 

Acknowledgments  are  due  first  to  my  teacher  and  friend,  Professor 
Frederick  Starr,  for  his  encouragement  and  assistance,  and,  above  all, 
for  his  inculcation  of  respect  for  and  tolerance  toward  customs  other 
than  our  own. 

Captain  Jeff  I>.  Gallman,  whose  work  among  the  Ifugaos  stands  to 
the  credit  of  our  govemmenl  of  the  Philippines  second  to  that  of  no 
other  man  in  the  archipelago,  assisted  me  in  many  ways.    He  is  a  man 

leaned   in  the  "  lore  of  men," 

••  Who  ha  '  deall  with  men 

I ii  tic  new  and  naked  lands. " 


1919]  Barton:  Ifugao  Law  7 

\)\\  David  P.  Barrows,  now  Major  Barrows,  also  rendered  me 
indispensable  aid  and  encouragement.  Dr.  A.  L.  Kroeber  of  the  chair 
of  anthropology,  University  of  California,  and  his  associates,  Dr.  T.  T. 
Waterman  and  Mr.  E.  \Y.  Gifford,  have  read  the  manuscript  ami  proofs 
and  have  ma.lc  valuable  suggestions  which  are  incorporated  in  the 
paper  as  tinally  published.  These  gentlemen  have  been  unstintedly 
generous  in  welcoming  a  newcomer  in  the  field  in  which  they  are  so 
preeminent. 

Dr.  George  W.  Simonton  has  kindly  assisted  in  preparing  the 
manuscript  Eor  the  printer. 

The  photographs,  with  one  exception,  were  taken  by  myself. 

San   Pbancisco,  California,  January  14,  1918. 


8  Univeri  '..■  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

INTRODUCTION 
THE  IFUGAOS 
Philippine  ethnologists  generally  agree  to  the  hypothesis  that  the/ 

Negritos,  a  race  of  little  blacks,  remnants  of  which  now  inhabit 
mountain  regions  of  many  of  the  larger  islands,  were  the  original 
inhabitants  of  the  Philippine  Archipelago.  They  advance  the  hy- 
pothesis that  these  little  blacks  were  driven  by  Malay  immigrants 
from  their  former  homes  in  the  fertile  plains  to  the  mountains:  and 
that  these  first  .Malay  invaders  were  driven  from  the  lowlands  into 
the  mountain  regions  by  succeeding  immigrations  of  Malays  superior 
to  them  in  organization  and  weapons.1  By  and  by,  no  one  cares  to 
hazard  how  long  afterward,  the  Spaniards  came.  They  christianized 
the  lowlanders,  except  the  Mohammedan  populations  of  Mindanao  and 
Sulu.  P.nt  at  the  time  of  the  American  occupation  the  mountaineer 
descendants  of  the  first  immigration,  for  the  most  part,  had  not  re- 
ceived the  spiritual  ministrations  of  Her  Most  Catholic  Majesty's 
missionaries,  on  account  of  the  inaccessible  character  of  their  habitat. 
True,  garrisons  and  missions  had  been  established  in  a  few  localities 
among  them;  but  owing  to  the  scattered  character  of  the  population^ 
the  independent  spirit  of  the  people,  their  natural  conservatism,  and 
the  lack  of  tad  and  consideration  on  the  part  of  the  Spanish  officials 
and  missionaries,  practically  no  progress  had  been  made  in  christian- 
izing or  civilizing  them. 

The  great  majority  of  the  non-Mohammedan.  non-Christian  Malays 
inhabit  the  island  of  Luzon.  The  Luzon  non-Christian  tribes  and 
their  estimated  numbers  are:  Apayaos,  16,000;  Benguet  Igorots, 
25,000;  Bontoc  [gorots,  .",0,000;  Wild  Gaddanes,  4000;  Ifugaos, 
120,000;  Elongots,  6000;  Kalingas,  60,000;  Tingianes,  30.000;  Lepanto 
Igorots,  :',:,,()()();  total,  nearly  a  quarter  million.  All  these  tribes  in- 
habit the  mountain  ranges  of  the  northern  third  of  the  island. 

The  habitat  of  the  [fugaos  is  situated  in  about  the  center  of  the 
area    inhabited   by   the   non-Christian   tribes.      In   point   of  travel-time, 

"  The  present  population  of  + 1 . * ■  Philippine  [elands  is  about  10,000,000.  Not- 
withstanding, there  are  vast  stretches  of  unoccupied  Lowlands.  At  the  coming 
of  the  Spaniards  the  population  of  the  tribes  that  now  are  christian  has  been 
estimated  at  500,000,  These  second  Malay  Immigrants  undoubtedly  gained  the 
principal  part  of  their  livelihood  from  agriculture,  for  which  they  aeeded  little 
land.  Why,  then,  is  it  hypothesized  that  any  immigration  drovt  another  to  the 
mountains  1     My  own  belief  is  thai  the  first  immigrants  went  to  the  mountains 

Of  their  own    volition    for  the   reason   that    they   ha. I   been   a   mountain   people  ami 
a    terrace  building   people   in   their   former  h e. 


L919 1  Barton :  Ifugao  Law         .  '.) 

as  we  say  in  the  Philippines,  for  one  equipped  with  the  usual  amount 
of  baggage,  [fugao-land  is  aboul  as  far  from  Manila  as  New  York 
from  Constantinople.  To  the  northeasl  are  the  Wild  Gaddan,  to  the 
north  tlic  Bontoc  [gorot,  to  the  oorthwest,  west,  and  southwesl  the 
Lepanto  and  Benguel  [gorots;  to  the  east,  across  the  wide  uninhabited 
river  basin  of  the  Cagayan,  are  the  Elongots.  This  geographic  isolation 
has  tended  to  keep  the  [fugao  culture  relatively  pure  and  uninfluenced 
by  eontad  with  the  outside  world.  Two  or  three  military  posts  were 
fitfully  maintained  in  Ifugao  by  the  Spaniards  during  the  Las1  half 
century  of  their  sovereignity;  but  the  lives  of  the  natives  were  little 
affected  thereby. 

Ifugao  men  weai'  clouts  and  Ifugao  women  loin  cloths,  or  short 
skii-ts,  reaching  from  the  waist  to  the  knees.  Wherever  they  go  the 
men  cany  spears.  Both  sexes  ornament  their  persons  with  gold  orna- 
ments, beads,  agates,  mother  of  pearl,  brass  ornaments,  and  so  forth. 
[fugao  houses,  while  small,  are  substantially  built,  of  excellent 
materials,  and  endure  through  many  generations. 

/  It  may  safely  be  said  that  the  Ifugaos  have  constructed  the  most 
extensive  and  the  most  admirable  terraces  for  rice  culture  to  be  found 
anywhere  in  the  world.  The  Japanese  terraces,  which  excite  the 
admiration  of  tens  of  thousands  of  tourists  every  year,  are  not  to  be 
compared  with  them.  On  these  steep  mountains  that  rise  from  sea- 
level  to  heights  of  six  to  eight  thousand  feet — mountains  as  steep 
probably  as  any  in  the  world — there  have  been  carved  out.  with 
wooden  spades  and  wooden  crowbars,  terraces  that  run  like  the  crude 
but  picturesque  "stairsteps"  of  a  race  of  giants,  from  the  bases  almost 
to  the  summits.  Some  of  these  terrace  walls  are  fifty  feet  high.  More 
than  half  are  walled  with  stone.  Water  to  flood  these  terraces  is  re- 
tained by  a  little  rim  of  earth  at  the  outer  margin.  The  soil  is  turned 
in  preparation  for  planting  with  a  wooden  spade.  No  mountain  is  too 
steep  to  be  terraced,  if  it  affords  an  unfailing  supply  of  water  for  irri- 
gation. The  I  t'nirao,  too,  makes  clearings  on  his  mountains  in  which 
he  plants  sweet  potatoes,  and  numerous  less  important  vegetables. 
Without  his  knowing  it,  he  bases  his  agriculture  on  scientific  principles 
(to  an  extenl  thai  astounds  the  while  man  |  and  he  tends  his  crops  so 
skillfully  and  artistically  that  he  probably  has  no  peer  as  a  mountain 
husbandman. 

Of  political  organization  the  Ifugao  has  nothing — not  even  a  sug- 
gestion.    Notwithstanding,  he  has  a  well-developed  system  of  laws. 
This  absolute  lack  of  political  government  has  broughl   it   about  that 
$ 


10  ersity  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

the  It'ugao  is  a  consummate  diplomat.    After  an  eight  years'  residence 

among  them,  I  am  convin 1  that  the  Ifngaos  got  along  very  well  in 

the  days  before  a  foreign  government  was  established  among  them. 
Through  countless  generations  the  Ifugao  who  has  survived  and  pros- 
pered has  hern   ih te  who  has  carried  his  point,  indeed,  but  has 

carried  it  without  involving  himself  in  serious  trouble  with  his  fellows. 

The  Ifugao's  religion  is  a  mixture  of  an  exceedingly  complex 
polytheism,  ancestor  worship,  and  a  mythology  that  is  used  as  an 
instrument  of  magic.  His  religion  seems  to  be  far  more  highly  de- 
veloped than  that  of  the  other  non-Christian  tribes. 

Attempts  made  by  Spain  to  colonize  the  Ifugao  in  the  lowlands 
invariably  met  with  failure.  The  Ifugao  is  a  hillman,  and  loves  his 
hills.  He  is  of  an  independent  nature  and  cannot  stand  confinement. 
A  great  many  prisoners  jailed  by  American  officials  have  courted 
death  rather  than  endure  incarceration. 

While  there  are  well  defined  tribal  divisions  that  mark  off  the 
various  mountain-Malay  populations  of  northern  Luzon,  the  cultures 
of  all  of  the  tribes  are  basically  similar.  Numerous  parallelisms,  too, 
are  found  with  the  lowland  Filipinos,  even  now,  in  features  of  daily 
life,  religion,  taboo,  law,  and  marital  relation.  The  dialects  of  all 
the  tribes  inhabiting  the  islands  are  branches  of  the  great  family  of 
Malay  languages — languages  spoken  over  more  than  half  the  circum- 
ference of  the  globe.  The  linguistic  differences  that  exist  between 
the  mountain  and  the  lowland  tribes  seem  to  be  not  much  greater  than 
the  linguistic  differences  between  the  various  mountain  tribes  them- 
selves. 

any  things  lead  us  to  believe  that  the  culture  of  the  Ifugaos  is 
very  old.  We  have  to  do  with  a  people  who  possess  both  as  individuals 
and  collectively  a  most  remarkable  memory.  Ifugao  rich  men  lend 
to  considerable  numbers  of  clients  and  others  every  year  during  the 
"hungry  time" — to  these,  varying  numbers  of  bundles  of  rice,  to  this 
one  ;i  skein  of  yarn,  to  that  one  a  pig,  and  to  another  again  a  chicken. 
All  these  bargains  and  their  amounts  and  their  varying  terms,  our 
wealthy  Ifugao  remembers,  unaided  by  any  system  of  writing  or  other 
artificial  means.  Many  Ifugaos  know  their  ancestors  back  to  the 
tenth  or  even  the  t'onrt  rent  h  generation,  and,  in  addition,  the  brothers 
and  sisters  of  these  ancestors.  If  Ave  consider  the  racial  or  tribal 
memory  of  these  people]  we  tind  a  mythology  fully  as  voluminous  as 
that  of  the  (i recks,  lint  the  Ifugaos  have  no  recollections  of  having 
ever  migrated.     Unless  they  have  lived  for  many  centuries  in  their 


L919]  Barton  :  Tfugao  Law  1 1 

present    habitat,    it    seems   certain    that    they    would    have    retained    at 

least  in  mythical  form  the  memory  of  their  migration. 

Another  consideration  thai  is  significant  lies  in  a  comparison  of 
the  rate  of  rice-field  building  in  these  peaceful  times,  when  such  work 
is  not  hindered  hut  instead  vigorously  stimulated  by  the  government, 
with  the  amount  of  such  work  accomplished  by  past  generations.  One 
who  stands  on  some  jutting  spur  of  the  mountain-side  in  Asin.  Sapao, 
or  Benaue  can  scarcely  help  being  impressed  with  the  feeling  that  he 
is  looking  upon  a  work  of  tens  of  centuries.  Any  calculation  must 
be  based  on  vague  and  hazardous  figures  of  course,  but,  without  having 
any  theories  to  prove,  and  making  due  allowance  for  increased  rate 
of  building  during  peaceful  times  and  for  the  pressure  of  the  needs  of 
increased  population,  from  a  comparison  of  the  estimated  area  of 
voluntary  rice-field  building  with  the  areas  already  constructed,  I 
come  to  the  conclusion  that  the  Ifugaos  must  have  lived  in  their  present 
habitat  for  at  least  two  thousand  years,  and  I  believe  that  these  figures 
are  too  small. 


SOURCES  OF  IFUGAO  LAW  AND  ITS  PRESENT  STATUS  OF 
DEVELOPMENT 

The  Tfngflos  have  tip  form  of  writings  there  is.  consequently,  no 
written  law-  They  have  no  form  of  political  government:  there  is, 
therefore.,  no  constitutional  or  statutory  law.  Inasmuch  as  they  have 
no  courts  or  judges,  there  is  no  law  basecfon  judicial  decisions. 

Ifugao  law  has  two  sources  of  origin :  taboo  ("which  is  essentially 
religious)  and  custom.  The  customary  law  is  the  more  important  from' 
the  greater  frequency  of  its  application. 

1.  Relation  of  taboo  to  law. — The  Ifugao  word  for  taboo  is  pamyu. 
The  root,  which  appears  under  the  varying  forms  iyu,  iho,  iyao,  and 
ihuo,  means  in  general  "evil"  or  "bad."  The  prefix  pan  denotes 
instrumentality  or  manner.  The  word  paniyu  means  both  by  deri- 
vation and  in  use,  "bad  way  of  doing,"  or  "evil  way."  By  far  the 
greater  Dumber  of  taboos  have  their  origin  in  magic.  A  very  large 
number  of  them  concern  the  individual,  or  those  closely  related  to 
him  by  blood  ties,  and  for  this  reason  have  no  place  in  a  discussion 
of  law.  Thus  a  pregnant  woman  may  not  wear  a  string  of  heads, 
since  the  beads  form  a  closed  circle  and  so  have  a  magic  tendency  to 
close  her  body  and  cause  difficult  childbirth.  This,  however,  is  not 
a  matter  that  concerns  anybody  else,  and  so  could  be  of  no  interest 


12  University  of  California  Publications  m  Am.  Arch,  and  Etlin.       [Vol.15 

at  law.  It  is  taboo  for  brothers  to  defecate  near  each  other,  but  only 
they  arc  harmed  thereby,  and  the  matter  is  consequently  not  of  legal 
interest. 

The  breaking  of  a  taboo  that  concerns  the  person  or  possessions 
of  an  individual  of  another  family  is  a  crime.  The  following  instances 
will  illustrated ' 

Jn  nearly  all  districts2  of  Ifugao  it  is  taboo  for  persons  of  other  districts?  to 
pass  through  a  rice  field  when  it  is  being  harvested.  It  is  also  taboo  for  for- 
eigners to  enter  a  village  when  that  village  is  observing  its  ceremonial  idleness, 
tungul,  at  the  close  of  harvest  time.  One  who  broke  this  taboo  would  be  subject 
to  fine.  In  case  it  were  believed  that  the  fine  could  not  be  collected,  he  would 
be  in  danger  of  the  lance. 

It  is  taboo  to  blackguard,  to  use  certain  language,  and  to  do  certain  things 
in  the  presence  of  one's  own  kin  of  the  opposite  sex  that  are  of  the  degrees  of 
kinship  within  which  marriage  is  forbidden  or  in  the  presence  of  another  and 
such  kindred  of  his,  or  to  make  any  except  the  most  delicately  concealed 
references  to  matters  connected  with  sex,  sexual  intercourse,  and  reproduction. 
Even  these  delicately  concealed  references  are  permissible  only  in  cases  of  real 
necessity.  The  breaking  of  this  taboo  is  a  serious  offense.  One  who  broke  the 
taboo  in  the  presence  of  his  own  female  kin  would  not  be  punished  except 
in  so  far  as  the  contempt  of  his  fellows  is  a  punishment.  In  Kiangan,  before 
the  establishment  of"  foreign  ^uveTrTmenT,  breaking  the  taboo  in  the  presence  of 
another  and  his  female  kin  of  the  forbidden  degrees  is  said  to  have  been  some- 
times punished  by  the  lance  (see  sec.  123). 

It  is  taboo  for  one  who  knows  of  a  man's  death  to  ask  a  relative  of  the  dead 
man  if  the  man  is  dead.    The  breaking  of  this  taboo  is  punishable  by  fine. 

If  asked,  Ifugaos  say  that  it  is  taboo  to  stgal;  to  burn  or  destroy 
the  property  of  another;  to  insult,  or  rum  the  pood  name  of  another ; 
to  causiLthe  deafh  or  injury  of  another  by  sorcery  or  witchcraft ;  in 
short,  to  commit  any  of  those  acts  which  among  most  peoples  constitute 
a  crimc_. 

The  word  taboo  as  understood  among  ourselves,  and  as  most  often 
used  among  the  Ifugaos,  denotes  a  thing  rather  atfnt rttril >/  forbidden. 
It  seems  likely  that  moral  laws — from  which  most  criminal  laws  a  re 
an  outgrowth — originate  thus:  the  social  conscience,  learning  that  some 
act  ia  antisocial,  prohibits  it  (often  in  conjunction  with  religion)  or 
some  feature  of  it,  or  some  '< mbUnirr  of  it,  arbitrarily,  harshly,  and 
sometimes  unreasonably.  Thus  the  first  taboo  set  forth  above  lias  the 
semblance  of  being  aimed  against  interruption  in  the  business  or 
serious  occupation  of  another,  or  against  bis  worship.  The  mere 
passing  near  a  rice  held  when  it  is  being  harvested  or  the  mere 
entrance   into  a   village  during  the   period   of  ceremonial   idleness  are 


-  I  use  the  word  "district"  to  denote  tlie  inhabitants  of  one  of  the  many 

smaller  culture  sections  into  which   the  habital   of  the   [fugaos  is  divided. 


L919]  Barton :  Ifugao  Law  13 

arbitrarily  seized  upon  as  acts  constituting  such  interruptions.  The 
second  taboo  arose  from  the  purpose  of  the  social  consciousness  i<> 
prevenl  marriage  or  sexual  intercourse  between  near  kin.8  It  is  mosl 
sweeping  and  unreasonable  in  its  prohibitions.     A  third  person  may 

make  no  remark  in  the  presence  of  kin  of  the  opposite  Sex  as  to  the 
fit  of  the  girl's  clothing;  as  to  her  beauty;  nor  may  he  refer  to  her 
lover,  nor  play  the  Lover's  harp.  Many  ordinary  things  must  be 
called  by  other  than  their  Ordinary  names.  Even  the  aged  priests 
who  officiate  at  a  birth  feast  must  refer  in  their  prayers  to  the  foetus 
about  to  be  born  as  "the  friend*'  and  to  the  placenta  as  "his  blanket." 
A  great  number  of  things  are  forbidden  in  the  presence  of  kindred  of 
opposite  sex  that  would  not  shock  even  the  most  prudish  of  our  own 
people.  The  third  taboo  seems  to  be  aimed  against  the  bandying  or 
the  taking  in  vain  of  the  name  of  the  dead. 

It  would  seem  that  a  primitive  society,  once  it  has  decided  a  thing 
to  be  wrong,  swings  like  a  pendulum  to  the  very  opposite  extreme, 
adds  taboo  upon  taboo,  and  hedges  with  taboo  most  illogically.  With 
the  ardor  of  the  neophyte,  it  goes  to  the  other  limit,  becoming  squeam- 
ish in  the  extreme  of  all  that  can  in  the  remotest  conception  be  con- 
nected with  the  forbidden  thing.4 

Ultimately  reason  and  logic  tend  to  triumph  and  eliminate  the 
illogical,  imperth*  nt  and  immaterial  taboos,  remove  the  prohibitions 
contained  in  the  useful  taboos  from  their  pedestal  of  magic,  and  set 
t  hem  upon  a  firmer  base  of  intelligence,  or  at  least  practical  empiricism. 

A  small  part  of  Ifugao  law  consists  even  yet  of  taboos  that  a  1  ■  e 
arbitrary  and,  except  in  essence,  unreasonable.  But  the  greater^ p art 
has  advanced  far  beyond  this  stage  and  is  on  a  firm  and  reasonable 
basis  of  justice. .  "Much  of  it  originated  frflmlabqo — even  yet  the  taboos 
are  remembered  and  frequently  applied  to  acts  that  constitute  crimes 
among  ourselves — but  the  immaterial  and  arbitrary  taboos  have  been 
eliminated.  Although  the  Ifugaos  say  that  adultery  and  theft  and 
arson  an-  tabooed,  nevertheless  their  attitude  of  mind  is  not  the  same 
as  that  toward  things  that  are  »xr<l>j  tabooed.     ItMs  the  attitude  qf 

3  The  possibility  that  these  sex  taboos  are  survivals  of  a  former  dan  system 
in  which  exogamy  was  the  rule  does  Qot  in  the  least  invalidate  this  statement. 

1  Taboo  is  for  the  most  part  undoubtedly  derived  from  magic,  [ndeed,  there 
are  not  wanting  those  who  hold  that  all  taboo  has  its  origin  in  magi''.  While 
doubting  it'  so  sweeping  an  assertion  as  this  can  be  true,  especially  when  we 
consider  that  even  in  its  most  primitive  phases  human  life  is  exc lingly  com- 
plex and  intricate,  1  invite  attention  to  the  fact  thai  magic  is  Buch  an  all- 
embracing  thing  in  primitive  society,  and  is  bo  closely  connected  with  matters 
of  morality  ami  public  policy,  that  there  is  nothing  in  this  paragraph  that  can 
offend  even  those  who  hold  that  the  field  of  taboo  is  one  wholly  of  magic 
prohibitions. 


14  l        '  rsity  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

tin-  human  mind  toward  things  that  are  prohibited  by  law  and  by 
conscience. ' 

2.  S±-t,p<  of  customary  law. — Thp  customary  law  embraces  that  _ 
which  pertains  to  property,  inheritance,  water  rights,  and  to  a  great 
extent,  family  law""an<l  procedure.  There  is  a  certain  amount  of 
variation  in  customs  and  taboos  throughout  Ifugao  land.  This  ac- 
counts to  a  certain  extent,  perhaps,  for  the  reserved  behavior  of  visitors 
to  a  district  distant  from  their  own.  Visitors  are  afraid  of  unwit- 
tingly breaking  some  taboo.  In  general,  however,  it  niay  be  said  that 
laws  are  very  nearly  uniform  throughout  the  Ifugao  country. 

3.  Connection  of  law  and  religion. -^Religion  and  law  appear  con- 
jointly in  (a)  transferals  of  family  property;  (o)  ordeals;  (c)  certain 
taboos;  (d)  payments  of  the  larger  fines;  (e)  peace-making.  The 
Ifugaos  state  that  a  large  part  of  their  customary  law  and  procedure 
was  given  them  by  Lidum,  their  great  teacher,  a  deity  of  the  ISkyworld, 
and  an  uncle  of  their  hero-ancestor,  Balitok. 

4.  General  principles  of  tin  Ifugao  legal  system. — Its  personal 
character.  Society  does  not  punish  injuries  to  itself  except  as  the 
censure  of  public  opinion  is  a  punishment.  This  follows  naturally 
from  the  fact  that  there  is  no  organized  society.  It  is  only  when  an 
injury  committed  by  a  person  or  family  falls  on  another  person  or 
family  that  the  injury  is  punished  formally. 

Collective  responsibility.  Not  only  the  individual  who  commits  an 
act  but  his  kin,  in  proportion  to  the  nearness  of  their  kinship,  are 
responsible  for  the  act.  Their  responsibility  is  slightly  less  than  his. 
This  applies  not  only  to  crimes  but  to  debts  and  civil  injuries. 

Collective  procedure.  Leggi  procedure  is  by  and  between  families ; 
therefore  a  family  should  he  "strong-  to  demand  imd  i'i  ■  ^  *n  '''""t 
demands."  A  member  of  an  Ifugao  family  assists  in  the  punish mc n t 
of  offenders  against  any  other  member  of  his  family,  and  resists  the 
punish ment  of  members  of  his  family  b;/  other  families.  A  number 
of  circumstances  affed  the  ardor  with  which  he  enters  into  procedures 
in  which  a  relal Lve  is  concerned  and  the  extent  to  which  he  will  go  into 
them.  Among  these  are:  (a)  the  nearness  or  remoteness  of  his  rela- 
tionship to  the  relative  concerned  in  the  action;  (b)  relationship  to 
the  other  principal  in  the  action;  (c)  the  loyalty  to  the  family  group 
of  the  relative  principally  concerned  in  the  procedure  and  the  extent 
to  which  this  relative  discharges  his  duty  to  it;  (d)  evidence  in  the 
case  bearing  on  the  correctness  of  the  relative's  position  in  the 
coni roversy. 


i!»i;>]  Barton :  Ifugao  Law  L5 

.1  corollary  of  tin  abovt  principle.  Since  Legal  procedure  is  be- 
tween families,  and  never  between  individuals,  •  between  a  family 

and  an  individual,  crnnosjrMn-other  or  sister  against  brother  j)r  sister 
go  unpunished.  The  family  of  the  two  individuals  is  identical.  A 
family  cannot  proceed  agaiitst^JtscJl.  But  in  the  ease  of  incest  be- 
tween a  father  and  a  daughter  the  father  mighl  he  punished  by  the 
girl's  mother's  family  on  the  ground  that  he  had  committed  a  crime 
against  a  member  of  that  family.  It  is  true  that  just  as  great  an 
injury  would  have  been  committed  against  the  family  of  the  father, 
since  the  relationship  of  the  daughter  to  that  family  is  the  same  as  to 
her  mother's  family.  But  the  father,  the  perpetrator  of  the  crime, 
being  a  nearer  relative  of  his  own  family  than  his  daughter,  his  family 
certainly  would  not  take  active  steps  against  him.  Were  the  crime 
a  less  disgraceful  one,  the  father's  kin  would  probably  contest  his 
penalty. 

The  family jniitji  must  at  all  hazards  be  preserved.  Clemency  is 
shown  the  remoter  kin  in  order  to  secure  their  loyalty  to  the  family 
group.  A  large  unified  family  group  is  in  the  ideal  position  of  being 
"strong  to  demand  and  strong  to  resist  demands."  The  family  is 
the  only  thing  of  the  nature  of  an  organization  that  the  Ifugao  has, 
and  he  cherishes  it  accordingly. 

Collectivi  recipiency  of  punishment.  Just  as  the  family  group  is 
collectively  responsible  for  the  delinquencies  of  its  members,  but  in 
less  degree  than  the  delinquent  himself,  so  may 'punishment  be  meted 
out  to  individuals  of  the  group  other  than  the  actual  culprit,  although 
naturally  it  is  preferred  to  punish  the  actual  culprit;  and  so  may 
del  its  or  indemnities  be  collected  from  them.  But  only  those  indi- 
viduals that  are  of  the  nearest  degree  of  kinship  may  be  held  respon- 
sible;  cousins  may  not  legally  be  punished  if  there  be  brothers  or 
sisters. 

Ifugao  law  isvej2[_££^£^^JJi--^s  ckam£tcj\  For  the  different 
classes  of  society  there  are  in  the  Mampolia-Kababuyan  area  rive  grades 
of  fines  in  punishment  of  a  given  crime,  four  in  the  Hapao-Hunduan 
area,  and  three  in  the  Kiangan  area. 

Might  is  right  to  a  very  great  extent  in  the  administration  of 
j u st ice.  For  a  given  crime,  one  family,  on  account  of  superior  war 
footing,  or  superior  diplomacy,  or  on  account  of  being  better  bluffers, 
will  he  able  to  exact  much  more  severe  penalties  than  another.  Espe- 
cially is  Ifugao  administration  of  justice  likely  to  be  unfair  when 
persons  of  different  classes  are  parties  to  a  controversy.     I  doubt  \^\-y 


16  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

much,  however,  whether  this  characteristic  of  Ifugao  administration 
of  justice  be  more  pronounced  than  it  is  in  our  own. 

5.  Stage  of  development  of  Ifugao  la u\— Reasons  have  already  been 
given  for  believing  the  Ifugao's  culture  to  be  very  old.  His  legal 
System  must  also  be  old.  Yet  it  is  in  the  first  stage  of  the  development 
of  law.  It  is,  however,  an  example  of  a  very  well  developed  first-stage 
legal  system.'  It  ranks  fairly  with  Hebrew  law,  or  even  with  the 
Mohammedan  law  of  a  century  ago.  R.  R.  Cherry  in  his  lectures  on 
the  Growth  of  Criminal  Law  in  Ancient  Communities  demonstrates 
these  stages  of  legal  development:  First,  a  stage  of  simple  retali- 
ation—"an  "ye  f"i-  «n  'T°  »  tnnth  for  R  tooth'  a  life  for  a  li^e- 
Second,  a  stage  in  wbHi  ypnypan^P  may  ho.  bought  off  "either  by  the 
individual  who  has  inflicted  the  injury  or  by  his  tribe/'  Third,  a 
stage  in  which  the  tribe  or  its  chiefs  or  elders  intervene  to  fix  penalty- 
payments  and  to  pronounce  sentence  of  outlawry  on  those  who  refuse 
to  pay  proper  fines.  Fourth,  a  stage  in  which  offenses  come  to  be 
clearly  recognized  as  crimes  against  the  peace  and  welfare  of  the  king 
or  the  state- 
No  Ifugao  would  dream  of  taking  a  payment  for  the  deliberate 
or  intentional  murder  of  a  kinsman.  Hewould  be  universally  con- 
demned if  he  did.  so.  However,  he  would  usually  accept  a  payment 
for  an  accidental  taking  of  life.  There  is  still,  however,  an  element 
of  doubt  as  to  whether  even  in  such  a  case  payment  would  be  accepted. 
For  nearly  all  other  offenses  payments  are  accepted  in  exrenuailon. 
Ifugao  law,  then,  may  be  said  to  be  in  the  latter  part  of  the  first  stage 
of  li'gal  di'vplnpinpnt. 


1919  1  Hiuti'ii :  Ifugao  Lata 


THE  FAMILY  LAW 

M  A  B  KM  AGE 

6.  Polygamy. — The  extent  to  which  personality  affects  what  an 
[fugao  may  or  may  not  do  without  being  considered  an  offender  is. 
illustrated  in  the  matter  of  polygamy.  Any  Ifugao,  except  one  of 
the  most  powerful,  who  might,  try  to  take _a  plural  wife  would  only 
bring  upon  himself  heavy  punishment^ — punishment  that  would-be 
administered  by  the  kin  of  the  first  wife.  But  men  who  are  very 
wealthy  and  who  are  also  gifted  with  a  considerable  amount  of  force 
of  character  sometimes  take  a  second  or  even  a  third  wife,  and  compel 
the  kin  of  the  first  wife  to  recognize  her  and  Her  cinidren.  In  other 
words,  they  make  polygamy  legal  for  themselves.  The  first  wife  is 
of  higher  class  than  succeeding  wives.  Her  children  have  inheritance 
rights  to  all  the  property  their  father  had  at  the  time  of  the  taking  of 
the  plural  wife.  The  following  is  a  typical  instance  of  the  taking  of 
a  plural  wife: 

Guade  of  Maggok,  an  extremely  wealthy  man,  after  marrying  and  having  a 
number  of  children  by  his  first  wife,  began  habitually  to  have  illicit  intercourse 
with  another  woman.  The  kin  of  the  first  wife  demanded  a  heavy  indemnity. 
Such  was  their  bungoi  (ferocity)  that  they  succeeded  in  making  Guade  think 
that  he  was  in  imminent  peril  of  losing  his  life,  and  in  collecting  double  the 
amount  usual  in  such  cases.  But  having  paid  the  fine,  Guade  rallied  to  his 
support  all  his  kin  and  kept  up  the  relations  with  the  woman,  taking  her  as  a 
second  wife.  Nor  did  the  kin  of  the  first  wife  attempt  to  prohibit  this,  well 
knowing  that  they  had  gone  far  enough.  The  second  wife  is  recognized,  and 
her  children  are  recognized,  as  legitimate.  Guade  informed  me  recently  that 
he  was  thinking  seriously  of  taking  a  third.  Guade  is  admired  and  envied  by 
every  one  in  the  community  apparently;  whereas  a  man  of  less  force  would  be 
condemned  by  public  opinion. 

When  a_plui-al  wife  is_t«kPn  a  hpavv  payment  must  hp  made  thft. 
first  wife  and  her  kin.    This  may  amount  to  about  500  pesos. 

7.  Xa-tun  of  marriage— Marriage  amonfr  the,  Tfno-aos  is  a  civil 
contract  of  undefined  jhpn+inn  j|  m«y  last  a  month,  a  year,  a  decade. 
or  until__the  death  of  one  of  the  parties  to  it.  It  has  no  rsscntig], 
condition  with  the  tribal  religion.  True,  at  almost  every  step  in  its 
consummation  the  family  ancestral  spirits  and  the  other  deities  are 
besought  to  bless  the  union  in  a  material  way  in  the  matter  of  children 
and  wealth  and  by  .giving  the  two  parties  long  life.  But  this  is  a 
matter  of  self  interest,  and  not  of  hallowing  or  consecrating  the  union. 
Should  the  omens  be  bad,  the  two  people  do  no1  marry  because  they 


18  University  of  California  Publications  to  Am.  Arch,  and  Ethn.      [Vol.15 

are  afraid  that  in  the  shape  of  sickness  or  death  or  childlessness,  ill 
fortune  may  overtake  them  if  they  do  so.  And  even_after  the  mar- 
rh^jinqj^en  fw"y- "otisi"""™*"1  should  it.  happen  Ihat-aLany  one 
of  three  certainfeasts  performed  bv  the  parents  of  the_couple  during 
"thTyearfareonnect ion  with  their  ricecrop.  the  omen_of_the_bile  sac40 
ahQuld^promjsejll  the  marriage  is  dissolved^  No  promises  are  made 
hv  the  r-qntrirt  —  rr  p«"-^""  +»  »™^  ^Vi..r  nr  to  anybody  else.  Nor  do 
t he  contracting  parties  take  any  part  in  any  religious  ceremonials 
or  in  any  marriage  ceremonials  of  any  kind.  Marriage  may  be  termi- 
nntl'il  Ti+  ""T  timr  hj +-"1  "r"°"""1n,  T*ut  that  marriage  is  con- 
sidered a  contract  is  shown  bv  the  fact  that  if  either  party  terminates 
the  marriage  against  the  will  of  the  other  the  injured  party  has  the 
right  to  assess  and  collect  damages. 

TIip  theory  that  marriage  should  be  permanent  in  order  to  provide 
tha  better  for  the  training  and  rearing  of  children  has  no  legal  em- 
bodiment."  It  is,  however,  established  by  custom  that  in  case  of 
divorce  a  property  settlement  according  to  the  wealth  of  the  family 
must  be  made  on  the  children. 

8.  Eligibility  to  niarriagc.—AAiy_^evson_of_ar\y  a,ge  may  marry. 
Tbp  consent  of  the  parents  is  not  necessary.  But  there  is_^fcaboo 
onjhe  marriage_oJ_cojisjnajathin  the  third  dfigra?.  This  taboo  may 
be  rendered  inoperative,  except  in  the  case  of  full  cousins,  by  an 
exchange  of  animals  ranging  from  two  pigs  in  the  case  of  the  nearer 
relationships  to  one  small  pig  or  a  chicken  in  the  case  of  the  remoter. 
The  girl's  kin  in  all  cases  receive  the  more  valuable  animals  in  this 
exchange.  But  the  marriage  of  first  cousins  is  absolutely  tabooed  and 
never  occurs.  It  is  said  thai  children  are  sometimes  coerced  into 
marriage  against  their  will;  but  I  have  heard  of  only  one  case  in 
which  physical  force  was  used,  and  even  in  this  case  the  attempt  ended 
in  failure. 

<).  Tin  two  w(nis_Jji  which  marriaa_r_m(itj  be  brought  about  — 
TJinse  children  that  will  inherit  a  great  (leal  of  property  are  married 


w  When  the  [fugao  sacrifices  a  chicken  or  pig,  he  always  consults  the  omen 
of  the  bile  sac.  A  Cull  diBtended  bile  sac  normally  placed  is  a  good  omen.  An 
emptj  one,  or  one  abnormally  placed  is  a  bad  omen.  Needless  to  say,  most 
omens  are  good. 

s  There  is  a  feeling  on  the  pari  of  the  social  consciousness  that  marriages 
oughl   to  be  permanenl     thai   it   is  Letter  when  such  is  the  case,     [nasmuch, 

however,  as  all   the  uncles  and  aunts  consider  themselves,  ami,   in   the  scheme  of 

the  reckoning  of  [fugao  relationships  are  considered,  in  loco  parentis  with  respect 
to  their  nephews  and  nieces,  and  almost  equally  hound  with  the  parents  them- 
selves to  imparl  instruction  and  give  training,  the  removal  of  one  parent  is  of 
little  detriment  to  the  mental  and  moral  phase  of  the  rearing  of  children. 


1919]  Barton:  Ifugao  Lou-  L9 

usually,  but  by  no  means  always,  by  a  contract9  marriage ;  those  who 
will  inherit  no  property,  or  but  a  small  amount,  and  those  who,  mar- 
ried by  the  preceding  method,  have  lost  their  spouses,  or  who  on 
reaching  a  maturer  age,  do  not  find  themselves  compatible  with  their 
spouses,  and  consequently  remarry,  are  married  by  a  trial  marriage. 
However,  it  should  be  said  that  even  a  contract  marriage  is  a  trial 
marriage  to  a  great  degree.  In  fact,  one  inclined  to  be  prudent  in 
his  speech  would  never  pronounce  an  Ifugao  marriage  a  permanent 
our  until  the  death  of  one  of  the  parties  to  it. 

The  trial  marriage  is  merely  a  primitive  sexual  mating  in  the 
dormitories  of  the  unmarried.  It  might  be  called  a  courtship,  it  being 
understood  that,  except  in  its  very  incipiency,  Ifugao  courtship  postu- 
lates an  accompaniment  of  sexual  intercourse.  It  is  very  reprehen- 
sible, but  not  punishable,  for  a  girl  to  enter  into  two  such  unions 
contemporaneously.  The  moral  code  is  hardly  so  strict  with  respect 
to  the  male. 

In  case  the  two  individuals  are  satisfied  with  each  other,  that  is, 
in  case  they  find  themselves  compatible,  and  nearly  .always  in  ease 
thpjnj-1  becomes  pregnant  and  the  youth  has  no  reason  for  misgivings 
flsjo  tbP  parentage  of  the  child,  the  youth,  after  consultation  with. 
his-pageBts--£ends  a  distant  relative  or  friend,  ivho  is  not  related  to 
thec[irl,  with  betels  for  a  ceremonial  conferencejn  which  the  handjvf_ 
the  .girl  is  asked  in  marriage.  Generally  it  requires  two  or  more  trial 
marriages  to  select  for  a  person  his  more  permanent  mate. 

10.  Contract  marriage. — The  contract  marriage  is  usually  arranged 
for,  and  its  first  ceremonies  at  least  performed  while  the  fhiHv™  a™ 
quite  small.  Its  purpose  is  to  guard  against  the  commission  of  such 
a  follv  on  the,parl_"f  tlu>  r-hiltL^dia  will  he-werrlihy-  as-4aamage_to_a 
less  wealthy  spouse  The  danger  is  that  such  a  child,  sleeping  in  the 
common  dormitory,  will  give  way  to  the  ardor  of  youth  and  tempor- 
arily mate  with  one  below  him  in  station,  and  that  the  union  so  begun 
prove  permanent. 

As  a  rule  the  couple  majxied  by  a  contract  marriage  while  yet, 
children  are  elevated  by  the  uiiauwe  fr»RRt  tr>  t]lp  ^atoprorv  of  tlm 
liadanquanff  ("upper  class).  The  uyauwi  feast  is  not  an  essential  part 
of  the  marriage  ceremonials,  but  is  an  addition  to  them. 

The  following  is  the  history  of  a  typical  marriage  of  this  kind  : 


«  I  prefer  using  the  term  contract  marriage  to  using  antenuptial  agreement. 
The  hitter  is  an  occidental  institution  of  which  the  reader  has  a  definite  notion. 
The  contract  marriage  is  different  in  motive  and  nature. 


20  /       veraity  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

Dulinayan  of  Ambabag,  when  his  son  was  about  two  years  old,  sent  a  go- 
between  to  Likyayu,  also  of  Ambabag,  whose  daughter  was  somewhat  younger 
than  Dulinayan 'a  Bon,  with  betels  for  a  ceremonial  conference  looking  toward 
a  marriage  hetween  the  two  children.  Ee  Btated  that  he  would  contract  to  give 
his  son  his  fields  at  Takadang,  and  wished  to  know  what  holds  Likyayu  would 
give  his  daughter.  The  go-between  returned,  stating  that  Likyayu 's  people 
did  not  consider  Dulinayan 's  fields  at  Takadang  seriously,  and  asked  that  he 
assign  the  boy  his  fields  at  Banggo  and  Dayukong  in  order  that  they  might 
consider  the  union  of  their  daughter  with  his  son.  The  go-between  stated  that 
Likyayu  was  considering  bestowing  on  his  daughter  his  field  at  Takadang. 

Dulinayan  returned  the  go-between  to  state  that  he  did  not  take  as  being 
very  serious  Likyayu 's  statement  that  he  intended  to  give  Lis  daughter  only 
the  field  at  Takadang.  He  made  the  proposal  that  Likyayu  add  to  the  field  at 
Takadang  the  one  at  Danok,  and  stated  that  if  Likyayu  would  do  so  he  would 
give  Ins  son  the  fields  at  Banggo  and  Dayukong,  as  Likyayu  suggested.  Likyayu 
accepted  this  proposal. 

After  two  or  three  more  conferences,  it  was  agreed  that  Dulinayan  was  to 
assign  his  son  the  following  movable- family  property:  1  rice-wine  jar,  1  gansa, 
1  gold  ornament.  Likyayu  was  to  assign  his  daughter  1  rice-wine  jar,  1  gold 
ornament,  and  1  pango  (string  of  ancient  beads).  Besides  the  above,  Likyayu 
would  give,  at  the  proper  time,  a  house  for  the  young  couple.  Each  of  the  two 
men   would  present  his  child  a  granary. 

The  above  agreement  made,  Dulinayan  sent  a  pig  called  tokop  di  mommon 
and  a  pig  called  imbango.  These  pigs  were  sacrificed  by  Likyayu  and  his  kin. 
The  omens  of  the  bile  sacs  promised  well.  Likyayu  returned  1  natawvinan 
(4  spears),  as  the  mangdad  of  the  inibango. 

About  three  years  elapsed  before  anything  further  was  done  toward  the 
completion  of  the  marriage.  During  this  period  Dulinayan  on  behalf  of 
his  son  furnished  Likyayu 's  household  with  what  firewood  was  needed  and  kept 
his  granaries  in  repair.  Whenever  his  son's  betrothed  fell  ill,  or  whenever  her 
parents  or  grandparents  fell  ill,  Dulinayan  furnished  a  pig  for  sacrifice.  And 
whenever  Dulinayan 's  son  or  his  son's  parents  or  grandparents  fell  ill  Likyayu 
furnished  a  pig.  Likewise  when  one  of  the  direct  ascendants  of  either  of  the 
young  couple  died  the  other  family  furnished  a  pig  for  the  funeral  and  a  death 
blanket  as  one  of  the  burial  robes. 

h,  the  vear  1  ill 2— that  is,  three  years  after  the  contract  was  made — Dulinayan 
8eni  a  man  to  propose  an  innunn.  Larh  family  performed  a  granary  feast  to 
determine  whether  the  time  was  propitious.    The  omens  being  good,  each  family 

ll(>tili,.,|  the  other  of  the  fact.  Dulinayan  then  sent  a  large  pig  as  the  hingot. 
Likyayu  \s  people  returned  a  small  pig  as  hulul  d,  hingot.  Then  Dulinayan  fur- 
nished a  large  pig  for  the  bahiin.  and  the  two  families  met  for  the  first  time 
during  the  period  of  the  negotiations  and  sacrificed  and  prayed  together. 

A.  shorl    tune   afterward    the   children    were    made   kadang gang   by   the   giving 

,,,-  ai,  uyauwe  feast.     At  this  feast   Dulinayan  gave  hakba  (marriage  presents) 

to  Likyayu  and  his  kin. 


n    a    contract :   marriage  there  js^ahmys   mi    fiftsipmnn'iit,  to   the 


children  of  the  property  that  they__\yill  inherit.  The  .amount  pj 
properly  settled  npon_either  of  them  is  ecmaLflr.  very  nearly  equal  tn. 
that  settled  nn  the  other.  .  Nor  may  the  parent  of  one  of  the  children 
sell  any  of  this  properly  except  for  the  purpose  of  providing  animals 


L919]  Barton:  Ifugao  Law  21 

for  sacrifice  in  case  of  the  illness  or  death  of  the  child  <>r  one  <>f  his 
direcl  ascendants,  or  in  case  of  the  illness  or  death  of  the  child's 
betrothed,  or  one  of  his  direcl  ascendants  (see  see.  13). 

11.  Marriagi  ceremonials. — The  following  are  the  steps  taken  to 
consummate  a  typical  marriage  in  the  Kiangan-Maggok  area: 

I  a  The  hoy's  kin  scii'l  1hp  fT'1'1  ^  kl"  M  P'ff — This  rti^  is  saeHfieed 
by  the  ^irl 's  kin.  The  omen_of  tho  hil»  sue  is  ^m^ultpd — The  pig  is 
-ii;iti'ii.     This  feast  is  called  mommon. 

(b)  ^he_JTOvJsJdn_  send  another  pig  to  the  girl's  kin.  The  girl's 
kiii_sacrifice  this  pig.  The  omen  of  the  bile  sac,  is  consulted.  This 
feast  is  called  imbango. 

A  non-essential  part  of  the  ceremonials,  but  an  important  matter 
in  some  contingencies,  is  the  return  by  the  girl's  kin  of  a  gift  to  the 
boy's  kin  in  exchange  of  the  pig  sent  for  this  feast.  This  return 
gifl  is  called  man  (/dad.  Its  effect  is  to  nullify  any  right  on  the  part 
of  the  boy's  kin  to  demand  a  repayment  of  the  pig  sent  for  this  cere- 
mony in  ease  the  marriage  should  for  any  reason  whatever  fail  to  be 
effected.  Even  though  the  failure  to  complete  or  effect  the  marriage 
be  the  girl's  fault,  if  the  mangdad  has  been  sent,  the  boy's  kin  have 
no  right  to  ask  a  return  of  the  imbango.  The  return  gift  is  of  much 
less  value  than  that  made  by  the  boy's  parents. 

(c)  The  boy 's  kin  send  the  girl 's  kin  a  pig,  which  pig  is  sacrificed 
bv_the  girl's  kin.  The  omen  of  the  bile  sacJs  nonsuited.  This  feast 
is  called  hingot. 

A  non-essential  part  of  the  ceremonials,  but  one  important  in  the 
same  way  as  in  the  preceding  ceremony,  is  the  return  by  the  girl's 
kin  of  a  small  pig,  called  the  hulul  di  hingot  (exchange  of  the  hingot). 

(d)  3^ieJdiL_of  both  the  contracting  principals  meet  at  the  girl's 
house  and  sacrifice  a  lm-go  pig  furnished  bv  the  bov's  kin  This  feast 
is  called  bubun,  and  has  for  its  especial  purpose  to  obtain  from  the 
gods  of  animal  fertility  long  life,  health,  and  many  children  for  the 
young  couple.  It_  is  attended  by  a  giving  of  gifts  _bv  the  kin  of  the 
boy  to  the  kin  of  the  girl,  except  that  in  the  case  of  a  contract  marriage 
between  Jcadangyang  (the  upper  class)  the  giving  of  these  gifts  is 
often  deferred  till  the  uyauwe  ceremony,  which,  while  not  part  of  the 
marriage  ceremonials,  often  follows  immediately  after  them. 

The  programme  of  marriage  ceremonials  among  the  northern 
[fugao  is  somewhat  different. 

(a)  Same  as  («)  above.  This  ceremonial  is  omitted  except  in 
marriages  between  the  wealthy. 


University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

(b)  The  boy's  kin  sacrifice  a  pig  at  his  home,  sending  half  of  it, 
if  the  omen  of  the  bile  sac  promises  well,  to  the  kin  of  the  girl  in  a 
back  basket,  called  bango,  whence  originates  the  term  imbango,  mean- 
ing "carried  in  a  ban  go." 

(c)  The  boy's  kin  take  a  pig  to  the  girl's  home.  The  girl's  kin 
furnish  another  and  smaller  pig.  Both  families  participate  in  a 
religious  feast.  This  feast  is  called  tanig,  and  seems  to  include  both 
the  buhim  and  the  hingot  of  the  Kiangan  people. 

(d)  Ceremonial  idleness  for  the  boy  and  the  girl  is  required  during 
;i  period  <>r  five  days.  On  the  third  day  the  couple  go  to  one  of  their 
fields,  it  being  taboo  for  either  of  them  to  stumble  on  the  way.  The 
trip  is  in  one  respect  somewhat  like  the  time-honored  cutting  of  the 
cakes  in  one  of  our  own  marriage  feasts  to  secure  a  prognostication 
as  to  which  of  the  two  spouses  will  die  first.  Stumbling  on  the  part 
of  one  of  the  couple,  however,  would  indicate  that  that  one  would  die 
not  only  first  but  soon,  and  would  probably  lead  to  a  refusal  on  his 
or  her  pari  to  go  ahead  with  the  marriage.7  Arrived  at  the  field,  the 
gi  rl  weeds  a  part  of  it,  and  the  boy  gathers  some  wood  from  a  near-by 
forest.    Then  they  go  home,  the  boy  carrying  the  bundle  of  wood. 

In  case  a  bad  omen  of  the  bile  sac  is  encountered  in  any  of  these 
ceremonies,  the  marriage  is  not  proceeded  with,  since  the  belief  is  that 
misfortune  would  surely  attend  it. 

In  the  case  of  the  poor,  some  of  the  above  ceremonies  may  be 
omitted;  or  chickens  or  smaller  pigs  may  be  substituted  for  any  or 
all  the  pigs.  The  above  programme  is  simply  that  which  is  to  be 
followed  out  if  the  groom  be  financially  able  to  do  the  "right  thine." 

In  case  the  spouses  are  related,  two  pigs — a  male  and  a  female — 
are  sacrificed,  and  the  ceremony  called  ponga  is  performed.  The 
larger  pig  is  furnished  by  the  hoy.  The  nearer  the  kinship  the  larger 
the  pigs  necessary  for  this  ceremony. 

At  n<>  lime  are  any  \<>ws  or  promises  made  by  the  principals. 
At  mi  time,  except  in  the  fourth  ceremony  among  the  Northern  Ifugao, 
do  the  principals  have  any  active  part  in  the  ceremonies.  Indeed, 
they  may  not  eat  the  meat  of  the  pigs  or  chickens  killed  at  their  own 
wedding,  for  it  is  taboo  to  them. 

12.  <iifts  toJJicJdn  of  jhvjiddii:  hakba. — In  .the  Kiiwgttn  area, 
hut    in    no  other,  expensive  gifts  are  made  to  the  kin  of  the  bride. 


i Stumbling  is  not  merely  :i  prognostication;  it  is  also  a  cause.  It  would 
i. mi  in  bring  about  thai  lie  who  stumbled  would  die  or  be  unfortunate  if  he  went 
ahead  wit b  t lie  marriage. 


1919  J  Barton  :  Ifugao  Law  23 

These  gifts  are  called  hakba.  Only  in  the  case  of  the  very  pooresl 
are  gifts  foregone.  The  gifts  arc  distributed  to  the  girl's  kin,  the 
oearer  kin  receiving  the  more  valuable  and  the  remote  kin  the  Less 
valuable  articles.  Bu1  the  elder  of  a  line  of  cousins  by  a  single  uncle, 
for  example,  receives  a  more  valuable  present,  the  next  in  age  ;i  less 
valuable  one,  the  next  in  age  a  still  less  valuable  one,  and  so  on,  the 
youngesl  getting  nothing  if  be  have  many  brothers  and  sisters.  No 
distinction  is  made  between  male  and  female  kin.  The  gifts  may 
range  from  two  death  blankets,  worth  16  pesos,  to  a  spearhead  worth 
0.20  peso. 

Kxcept  in  the  ease  of  the  poverty-stricken,  there  is  nothing  for  it 
but  to  pay  these  presents.  If  they  be  not  forthcoming,  the  kin  of 
the  woman  seize  the  pig  provided  for  the  bubun  ceremony,  carry  it 
home  and  guard  it  well  till  such  time  as  the  groom  comes  forward 
with  the  hakba  gifts,  when  they  return  it  for  the  ceremonial. 

The  following  is  a  list  of  the  hakba  given  by  Dulinayan  of  Ambabag 
to  Likyayu  *s  family  of  the  same  village  on  the  occasion  of  the  marriage 
of  the  son  of  the  former  to  the  daughter  of  the  latter. 

22  clouts  at  PI   1*12 

10  woman's  skirts  at  f*2  20 

42  death  blankets  at  1*8  336 

10  woman's  girdles  at  =r*2   20 

10  war  knives  at  1*1   10 

::    iron    pots   at   1*5   15 

1  bayao   (blanket)    at  1*5 5 

1  rice-wine  jar  at  1*8  8 

2  gansas  at  1*8   16 

620  "irons"    (spears,   knives,    axes,    etc.,    at    an 

average  value  of  1*.50  each)   310 

Total  1*752 

Dulinayan  stated  at  the  time  these  notes  were  taken  that  there 
were  a  number  of  things  omitted  from  the  above  list  that  he  had 
forgotten  :  thai  be  counted  up  the  amount  of  all  the  hakba  immediately 
after  the  feast,  and  that  it  totaled  over  800  pesos. 

A  groom  whose  property  placed  him  in  the  upper  rank  of  the 
middle  class  would  spend  about  128  pesos  as  follows  on  hakba: 

B  death  blankets  at  1*8  P64 

128  "irons"  at  P.50  64 

Total  P128 


24  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

A  member  of  the  lower  middle  class  would  spend  about  92  pesos, 
and  a  member  of  tin-  poorer  class  would  spend  about  36  pesos. 

13.  Obligations  incurred  by  tliose  who  <nl<r  into  a  marriagt  c<>n- 
tract. — First.  The  initial  ceremony,  the  mommon,  puts  upon  the 
principals  in  a  marriage  contract  the  obligation  to  abstain  from  sexual 
relations  with  any  other  persons.  Sexual  intercourse  with  any  other 
pci  son  constitutes  the  crime  of  adultery.  The  degree  of  guilt  for 
lapses  in  this  respect  depends  on  the  progress  that  has  been  made 
toward  the  completion  of  the  marriage,  the  culpability  growing  pro- 
gressively with  the  performance  of  each  succeeding  marriage  cere- 
monial. 

Second.  The  obligation  rests  on  the  boy  and  his  kin  to  furnish 
the  immediate  family  of  the  girl  with  firewood  from  the  time  at  which 
the  first  ceremony  is  performed  until  the  young  couple  separate  to 
live  in  a  house  by  themselves. 

Third.  For  the  same  period  of  time  as  that  embraced  in  the  pre- 
ceding paragraph,  the  obligation  rests  on  the  boy  and  his  kin  to  keep 
the  granaries  of  the  family  of  the  girl  in  repair,  and  to  reroof  them 
whenever  needful. 

Fourth.  Each  family  helps  the  other  in  all  that  pertains  to  rice 
culture  throughout  the  first  year  following  the  bubun  ceremony.  Each 
family  furnishes  the  other  with  the  pig  necessary  for  the  sacrifice  at 
each  of  the  three  important  rice-culture  feasts:  the  kulpe  (growth 
feast),  the  kolating  (harvest  feast),  and  the  tuldag  (granary  feast). 

Fifth.  From  the  time  at  which  the  first  ceremony  is  performed 
until  the  dissolution  of  the  marriage,  it  is  the  duty  of  either  spouse 
to  furnish  a  pig  to  the  other  in  the  event  of  the  sickness  of  the  other 
or  of  any  of  his  or  her  lineal  ascendants. 

Sixth.  For  the  same  period  as  that  embraced  in  the  preceding 
paragraph  h  is  the  duty  of  either  spouse  to  furnish  the  other  in  the 
event  of  the  death  of  any  of  the  lineal  ascendants  of  the  other,  a  pig 

and  a  death  blanket. 

If  the  spouses  he  too  young  to  attend  to  any  of  their  respective 
obligations  to  each  other  or  to  the  families  concerned,  it  is  the  duty 
of  their  parents  to  attend  to  the  discharge  of  the  obligations. 

The  non-fulfilment  or  the  Qon-discharge  of  any  of  the  above  obli- 
gations is  sufficient  cause  for  a  demand  for  a  divorce  on  the  pari  of 
the  injured  spouse.    The  [fugao  does  not  Consider  it  to  he  the  duty 

of  any   person   to  leave   his   father  and   mother  and  cling  to  his  wife 


1919]  Barton :  Ifugao  Law  25 

or  husband.  Rather  docs  he  consider  the  opposite  to  be  the  duty. 
A  good  many  marriages  are  undone  between  children  because  of  the 
Qon-fulfilmen1  of  one  of  these  obligations  on  the  part  of  one  of  the 
families  involved,  h  matters  not  thai  the  spouse  be  so  young  as  to 
be  of  necessity  innocent. 

The  husband  has  a  righl  to  have  sexual  intercourse  with  his  wife. 
If  she  does  not  accede  to  his  desires,  he  has  the  right  to  force  her 
if  h,  can,  but  he  must  not  strike  or  injure  her  in  his  attempt.  If  lie 
cannol  force  her,  he  may  demand  a  divorce.  Ordinarily  no  man  can 
have  sexual  intercourse  with  an  Ifugao  woman  possessed  of  her  reason 
and  of  normal  strength,  against  that  woman's  will. 

Bugan  of  Baay,  a  very  pretty  girl,  was  married  by  her  parents  against  her 
will  to  Pingkihan  of  Baay.  a  very  rich  but.  unfortunately,  a  darkish  and 
very  ugly  man.  The  marriage  proceeded  as  far  as  the  hingot,  when  it  was 
thought  wise  by  Pingkihan  and  the  part  of  justice  by  the  kin  of  the  girl  that 
the  girl  give  her  body  before  the  proceeding  went  further.  Pingkihan  made 
many  futile  attempts  to  attain  this  purpose,  but  all  in  vain.  Finally  he  de- 
spaired. The  girl  'a  father,  however,  told  him  to  come  to  his  house  one  night. 
Pingkihan  did  so.  An  uncle  of  the  girl  caught  her,  and  held  her.  Pingkihan 
tried  in  vain  to  have  sexual  intercourse  with  her.  The  girl's  resistance  made 
the  thing  impossible.     The  marriage  ceremonies  were  carried  no  further. 

It  cannot  be  too  strongly  emphasized  that  hush?*!'"!  flnrl  "Tifp  n™ 
m  ver  united  into  one  famihi^JThci/  are  merehjjilE£&~    The  ties  that  .  * 

HnTTeach  to  his  own  familyare  much_stronger  than  the  ties  that  bind 
them  together.  An  Ifugao  explained  this  to  me  by  putting  his  hands 
parallel,  the  forefingers  together.  The  forefingers  represent  the  two 
spouses ;  the  hands  the  two  families.  Should  .the  two  families  separate, 
should  they  withdraw  from  amity  and  agreement,  the  two  spouses, 
the  forefingers,  of  necessity  withdraw,  because  they  are  attached  to 
different  hands. 

Each  succeeding  feast  in  the  consummation  of  the  marriage  carries 
with  it  ,111  added  degree  of  obligation  and  of  alliance;  and  an  added 
degree  of  culpability  in  cases  of  failure  to  comply  with  the  marital 
obligations  and  in  cases  of  crimes  against  the  marriage. 

14.  77,.  binawit  reform.— Oftentimes,  when  the  spouses  are  ehil- 
dren  and  live  in  different  villages,  as  soon  as  1hey  are  of  sullieient 
age  to  havelsome" feeling  for  each  other— at  ten  or  more  years,  for 
instance— one  of  them  goes  to  the  house  of  the  other.  Usually  the 
two  espoused  children  live  for  a  time  at  the  house  of  the  parents  of 
the  one,  and  then  for  a  time  at  the  house  of  the  parents  of  the  other. 


26  l        trsity  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

A  child  living  thus  at  the  house  of  his  parents-in-law  is  called  binawit. 
This  matter  is  purely  optional  with  the  children,  and  is  a  matter  of 
convenience  to  them. 

The  father  of  the  girl  has,  however,  a  mean  advantage,  which  he 
sometimes,  though  rarely,  uses.  If,  for  example,  his  son-in-law  be  a 
good  worker,  he  counsels  his  daughter  not  to  go  to  the  house  of  her 
father-in-law,  in  order  that  she  may  hold  her  husband  in  his  house  to 
the  end  that  the  family  profit  by  his  labor.  And  even  though  the 
couple  may  have  arrived  at  the  age  of  separating  from  their  elders 
ami  living  in  a  house  to  themselves,  the  father  of  the  girl  refuses  to 
give  her  her  rice  fields,  putting  the  boy  off  from  season  to  season  with 
"Wait  till  next  harvest"  or  "Wait  till  next  spading  time."  It  is 
true  that  the  boy  has  in  such  conduct  on  the  part  of  his  father-in-law 
sufficient  cause  to  justify  him  in  divorcing  the  girl ;  but  if  he  divorces 
her,  he  loses  all  that  he  has  spent  for  sacrifices  and  kakba  gifts! 

15.  Prop*  rty  rights  acquired  bij  >ntirri<i<fc. — Neither  spouse  acquires 
any  interest  in  the  property  that  the  other  possesses,  at  the  time  of 
the  marriage.  Each  has,  however,  the  right  to  veto  the  sale  or  transfer 
of  the  family  property8  of  the  other  except  where  legal  and  sufficient 
reasons  exist  for  such  transfer.  These  legal  and  sufficient  reasons  are 
the  necessity  of  selling  the  field:  («)  to  provide  the  necessary  things 
for  a  funeral  feast  for  ascendants  or  kinfolk ;  ( b )  to  pay  rightful 
debts;  (c)  to  pay  fines  or  indemnities;  (d)  to  provide  things  necessary 
for  feasts  and  sacrifices  which  are  considered  essential — a  very  liberal 
interpretation  being  placed  upon  the  word  "essential." 

Should  a  man  sell  a  field  for  a  light  or  trivial  cause  without  the 
permission  of  his  wife,  the  validity  of  the  transfer  would  not  be 
effected  by  the  fact  of  the  non-consent  of  the  wife.  But  the  wife 
would  have  recourse  for  damages  from  her  husband,  and  might  de- 
mand: (a)  twice  the  price  received  for  the  field  as  a  settlement  on 
i  heir  children;  (b)  a  divorce;  (c)  or  both.  The  right  of  each  spouse 
to  vet.,  the  sale  of  the  other's  property  is  equal  and  the  same.  This 
righl  is  based  principally  or  perhaps  wholly  on  the  ground  that  each 
spouse  is  the  guardian  of  the  interest  of  the  children  of  the  union, 
horn  or  unborn. 

The  spouses  have  a  joint  righl  in  all  property  acquired  after  mar- 
riage as  the  result  of  their  joint  labors;  that  is  to  say.  any  property 
whatever  ohtained  excepl  (a)  by  the  sale  of  the  fields  of  the  one  and 
the  repurchase  of  other  fields  with  the  proceeds;  (b)  as  the  result  of 


Family  property:    Cor  definition  Bee  Bee,  33. 


[919  l  Barton  :  Ifugao  Law  -7 

a  fine  or  indemnity  assessed  by  the  family  of  one  againsl  some  person 
for  injury  done  a  member  of  thai  family;  (c)  ceremonial  gifts  such 
as  the  kakba  and  habalag;  (d)  inheritance. 


BEMAERIAGE  OF  THE  WIDOWED 

16.  Tin  gibu  payment  to  terminate  marriage. — Even  death  itself 
does  not  terminate  an  Ifugao  marriage.  It  terminates  neither  the 
obligation  of  the  widowed  to  the  soul  of  the  dead  spouse  nor  the 
compact  of  alliance  between  the  two  families  involved.  This  obli- 
gation and  this  compact  may  be  terminated  only  by  the  payment  known 
as  the  gibu. 

The  word  gibu  means  literally  "finish".  In  its  narrowest  and 
probably  original  sense  it  may  have  meant  a  payment  to  terminate 
all  the  relations  and  obligations  growing  out  of  a  marriage.  There 
is  another  explanation.  From  the  day  of  the  death  of  a  spouse  till 
the  third  day  after  the  interment  (when  the  bhiokbok  ceremony  is 
performed),  the  kin  of  the  deceased  and  the  kin  of  the  surviving 
spouse  are  on  terms  of  theoretical  enmity.  They  observe  with  refer- 
ence to  each  other  all  the  taboos  that  are  observed  toward  enemies. 
This  practice  may  have  arisen  from  a  former  belief— a  belief  that  is 
current  among  many  primitive  peoples  today — that  every  death  is 
due  to  sorcery  or  witchcraft.  Whom  so  naturally  blamed  as  the 
surviving  spouse  or  his  kin?  If  this  be  the  explanation,  then  the 
gibu  originated  as  an  indemnity  paid  for  the  life  of  the  deceased. 

In  the  present  day,  the  gibu  in  a  broader  sense  applies  to  all  fines 
and  indemnities  paid  in  connection  with  the  abuse  or  termination  of 
a  marriage. 

A  remarriage  may  not  properly  be  effected  by  the  widowed  until 
lipjiag  pfljil  thn.ki»-«rf-rtni  d^il  U[U\\iM'.  lln    ih7i»    'u  rli  -natfi.   ( (lihu  of  tllP 

dead),  or  the  datok,  as  it  is  specifically  called.  Failure  on  the  part 
of  the  widowed  to  make  this  payment  would  lead  to  a  seizure  of  his 
property  or  a  lance  throwing.  In  the  Kiangan  area  this  payment  is 
not  nearly  so  high  as  in  other  parts  of  Ifugao  land,  and  for  the  reason 
thai  in  the  former  area  large  payments  are  made  to  the  kin  of  the 
woman  in  the  hakba  gifts  at  the  beginning  of  the  marriage.  In 
Benaue  and  other  areas  of  Ifugao  the  payments  are  about  five  times 
the  amounts  shown  in  the  subjoined  table. 

The  following  is  the  datok  payment   of  the  Kiangan  area: 


28  ■  rsity  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

Datoko 
For  the  Wealthy 

Pu-u,  1  death  blanket  1*8.00 

Haxjnub,  1  pot  5.00 

llaijnub,  1  pot  2.00 

Natauwinan  1.00 

Natauwinan 1.00 

Natauwinan  1.00 

Natawvinan  1.00 

Natuku  50 

Natuku  50 

Na-oha   25 

A  mo: 

6  irons  _ 1.50 

Paduldul  (offering  to  the  soul  of  the  dead), 

1  pig 10.00 

Total  1*31.75 

For  the  Middle  Class 

Pu-u,  1  death  blanket  1*4.00 

Haynub,  1  pot  2.00 

Haynub,  1  pot  2.00 

Natauwinan  1.00 

Natauwinan  1.00 

Natuku  50 

Natuku  50 

Nunbadi  40 

Na-oha  -~. 

A  mo: 

4  irons  1.00 

Paduldul,  1  pig  8.00 

Total  1*20.65 

For  I  lie  Very  Poor 

Pu-u,  1  pot  1*4.00 

Haynub    1.00 

Natauwinan  1.00 

Natuku  50 

Nunbadi  4<) 

Na-oha 2."> 

Amo: 

4  irons  1.00 

Paduldul,  I   pig  5.00 

Total  1*13.15 


'I'...   mi  explanation  of  the   [fugao's  method  of  making  payments  and  of 
reckoning  ones  and  Indemnities,  see  sec.  75. 


li»lii|  Juti-ton:  if  Hi/, u>  Law  29 

h  is  considered  as  insult  to  the  deceased  and  his  kin  for  a  widowed 
person  to  remarry  within  a  year  from  the  death  of  his  spouse.  In 
such  an  event,  a  Larger  gibu  is  demanded  by  the  kin  of  the  dead  spouse. 
Should  the  spouses  have  bad  no  children,  double  the  amounl  usual  is 
demanded  as  the  datok. 

If  the  widowed  remarries  without  having  first  formally  notified 
the  kin  of  his  dead  spouse  of  his  intention,  or  if  he  scandalously  lias 
sexual  intercourse,  he  commits  adultery  according  to  Ifugao  law,  and 
must  pay  the  gibu  luktap  (see  sec.  75,  94).  As  a  matter  of  fact,  I 
do  not  believe  that  this  law  is  often  enforced.  The  Ifugaos  say  that 
it  was  nearly  always  enforced  before  the  establishment  of  foreign 
government. 

If  the  widowed  he  a  woman,  both  she  and  the  man  with  whom  she 
contracts  a  second  marriage  are  responsible  for  the  gibu  payment. 
The  payment  as  a  matter  of  practice  is  always  made  by  the  man  who 
marries  her;  hut  it  is  said  that,  should  her  second  husband  for  any 
reason  fail  to  pay.  the  widow  would  be  held  for  the  payment. 

In  the  event  of  the  birth  of  a  bastard  child  to  a  surviving  spouse, 
the  gibu  must  be  paid. 

The  following  is  an  instance  of  the  non-payment  of  this  indemnity, 
and  the  sr<ji/<  hi,  : 

Piniliu  of  Longa  married  the  wife  of  Butlong,  a  deceased  kinsman  of 
Timbuluy,  also  of  Longa.  Piniliu  did  not  come  forward  with  the  usual  datok 
payment,  notwithstanding  the  fact  that  it  was  repeatedly  demanded  of  him. 

Finally  Piniliu  went  to  Nueva  Viscaya,  and  there  bought  a  carabao.  Tim- 
buluy gathered  his  kin  ami  met  Piniliu  when  he  was  bringing  back  the  carabao. 
About  two  miles  before  they  reached  their  home  village  Timbuluy  and  his  kin 
seized  the  animal,  hamstringing  and  slaughtering  it  before  Piniliu 's  eyes. 

The  act  of  Timbuluy  may  very  safely  be  said  to  have  been  justified  by 
Ifugao  custom,  and  so  to  have  been  legal. 

The  gibu  is  smaller  if  the  second  spouse  taken  be  a  kinsman  or 
kinswoman  of  the  first. 

If  the  living  spouse  should  not  have  furnished  the  animal  required 
of  him  (see  sec.  13)  and  a  death  blanket  for  the  funeral  of  the  dead 
spoils,.,  tin-  value  of  these  things  is  added  to  the  amount  of  the  gibu.10 


'"The  fact  that  an  Lfugao  spouse  remains  always  a  member  of  the  family 
of  hi-  1,1, ,o.l  kindred,  and  that  the  tics  binding  him  to  his  conjugal  partner  are 
light  in. led  i,-  shown  by  the  fact  that,  at  his  death,  funeral  expenses  fall 
mainly  on   his  father  ami   mother  ami  brothers  ami  sisters. 


30  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 


DIVOECE 

The  following  tables  show  some  of  the  causes  for  divorce  together 
with  the  payments,  if  any,  due  and  to  whom  they  are  due. 

17.  Divorce  because  of  necessity. — This  is  always  achieved  by 
mutual  agreement. 

(hum-  Fine  Paid  to 

1.  A  bail  omen  of  the  bile  sac  of  the  animal  sac- 

rifice.1   at   the   mommon,   imbango,  hingot, 

or  bubun  feasts  (see  sec.  17)  None 

2.  A  bad  omen  of  the  bile  sac  at  any  of  the 

three  principal  rice  feasts  of  either  family 
during  the  year  following  the  performance 
of  the  bubun  ceremony  (see  sec.  7)  None 

It  is  considered  that  only  ill  fortune  could  come  of  a  marriage 
which  gave  even  a  single  ill  omen  in  any  of  these  cases.  It  is  not 
permitted  to  provide  another  pig  and  consult  the  omen  again  in  any 
of  these  feasts.  But  in  all  subsequent  feasts  this  may  be  done,  and 
does  not  lead  to  divorce.  Divorce  is  unavoidable  if  the  above  occurs, 
and  neither  party  would  dream  of  opposing  it. 

18.  Divorce  for  mutual  benefit. — Childlessness  is  the  cause.  Divorce 
under  these  circumstances  is  considered  a  mutual  benefit.  It  may  be 
achieved  by  mutual  consent  or  may  be  demanded  by  either  party 
without  liability  for  indemnity. 

Cause  Fine  Paid  to 

1.   Continuous  'lying  of  offspring  None 

L'.  Childlessness  for  a  period  of  two  or  three 

years  after  marriage  None 

It  is  considered  that  the  gods  of  animal  fertility  look  with  per- 
manent disapproval  on  the  union.  This  is  not  without  some  show 
of  reason,  since  spouses  who  have  lived  together  for  a  goodly  number 
of  years  on  separation  and  remarriage  with  other  persons  have  each 
had  children.  Ifugao  experience  in  this  matter  would  indicate  that 
there  is  such  a  matter  as  biologic  incompatibility. 

If).  Divorce  which  may  &<  d<  mandi  d  by  <  ithi  r  party. — Cruelty  and 
incompatibility  are  the  causes.  The  divorce  may  be  by  mutual  consent 
or  may  be  demanded  by  the  injured. 

Cause  Pine  Paid  to 

1.  Neglect   nt'  spouse  by  the  ether   ill   time 

of  sickness;  the  failure  to  "cherish"  Eudhud  (see         The  injured 

below) 

2.  Ml   treatment   of  one  of  the  spouses  by  the 

near  kin  of  the  other;  insulting  language 

by  a  father-  or  mother-in-law  In  some  cases 

liuillnid  Divorcer 


L919] 


Barton :  Ifugao  Law 


:;i 


Cause 

:;.  Unwillingness  of  either  party  to  have  Bexual 
intercourse  with  the  other,  and  continued 
resistance  to  it.  when  there  is  the  ability 
to  perform  the  sexual  acl 

I.  The  lessening  of  the  lid. Is  of  one  of  the 
spouses  which  it  was  agreed  in  the  con- 
tract of  marriage  would  be  his,  without 
the  consenl  of  the  kin  of  the  other  Bpouse 

5.  Permanent  inability  to  perform  the  sexual 
act 

ti.   Insanity 

7.  Failure  on  the  part   of  one  spouse  or  his 

family  in  any  of  the  obligations  hereto- 
fore incut ioned  (sec  sec.  L3  | 

8.  Commission  of  crime  by  one  spouse  against 

a  member  of  the  other  spouse's  family 

9.  Refusal  of  one  family  to  furnish  the  pigs 

necessary  to  complete  the  ceremonials; 

in  case  the  spouses  are  related,  the  re- 
fusal or  continued  neglect  of  one  family 
to  pro. luce  a  pig  for  the  ponga  (see sec.  11) 

10.  The  selling  of  a   rice  field  for  insufficient 

reasons  by  one  spouse  without  the  con- 
sent of  the  other  (see  sec.  14) 

11.  Continued   refusal  of  the  father  of  either 

of  the  s|„,u-cs  to  deliver  the  fields  called 
for  in  the  contract  when  the  couple  has 
reached  a  reasonable  age  (seesec.  L0) 

12.  Continued   laziness   or  shiftless  conduct  on 

the  part   of  one  of  the  spouses 

13.  The  incurring  of  many  debts  or  other  obli- 

ons;    the  squandering  of  family  re- 
sources 

14.  Unreasonable  or  insane  jealousy 


Eudhud 


I  >i\  orcer 


Eudhud 

1  >i\  orcer 

None 

None 

Eudhud  (not 

Divorcer 

always  paid) 

Huilltmt 


None 


Divorcer 


II  a, I Imd  (also 
see  sec.  21) 


Eudhud 


Usually  none 


II  ihlhihl 

None 


Divorcer 


Divorcer 


Divorcer 


20.  Cases  win  rt    divorce 
other. 


may 


In   d(  manded  by  one  porta  or  tin 


<  ":i  if-.- 

1.  Desertion  of  lawful  spouse  and  cohabitation 

with     another;     divorce     already     a     fait 

accompli 

2.  Incompatibility;  continuous  quarreling 

3.  A   change   of   affection    or    a    desire    not    to 

proc I   with  or  complete  the  marriage; 

[f  there  be  children,  all  the  property  or 
aearly  all  must  be  settled  on  them 

4.  Adultery 


Pine 
Gibu  of  hoTcwit 

(sec   sec.  94) 
//  mill  ml 


Eudhud 
Gibu  of  I'd.  tnii 
(see  sec.  9  I ) 


Paid  to 

Injured  party 

The   divorced 


The  divorced 
The  injured 


32  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

21.  The  hudhud,  or  payment  for  mental  anguish.— This  is  the  fine 
or  Indemnity  assessed  in  cases  of  divorce  at  the  instance  of  one  of 
the  parties,  when  uncomplicated  by  improper  sexual  relations,  on  the 
ground  of  mental  anguish,  hakit  di  nemnem,  literally,  "hurt  of  the 
mind."  In  general  it  may  be  said  to  be  assessed  against  that  spouse 
who  has  made  necessary  the  dissolution  of  the  marriage,  whether  or 
not  he  be  the  one  who  takes  the  initiative  in  effecting  the  divorce. 
Should  the  divorce  be  effected  on  account  of  sexual  crime  of  one  of 
the  spouses,  the  greater  tin  injury  the  more  seventy  tin  crime  is  pun- 
ished. The  hudhud  is  a  small  fine,  but  its  payment  is  said  effectually 
to  banish  the  mental  anguish.  The  dignity  and  self-importance  of 
the  Malay  are  of  unusual  proportions  in  comparison  with  his  other 
feelings  and  emotions.  In  Kiangan  district  there  are  three  grades 
of  the  hudhud:  one  for  the  kadangyang  or  wealthy;  one  for  the  tumult 
or  middle  class ;  and  one  for  nawatat  or  poor.  The  following  are  the 
usual  amounts  of  the  indemnity: 

The  Hudhud  Indemnitv 

For  the  Wealthy 

1  <loath  blanket  5PS.00 

Total    P8.00 

For  the  Middle  Class 

1   iron  pot  =?2.00 

.    Natauwinan  1-00 

Natuku 60 

Nuribadi  *0 

Na-oha   -■» 

Total    P4.85 

For  //"'  Very  "Boor 
Natauwinan  1*1.00 

Total    P1.00 

In  ease  of  a  change  of  mind  Leading  to  an  unwillingness  to  proceed 
with  the  marriage,  the  •  following  additional  data  are  pertinent: 
Should  the  girl  refuse  to  proceed  with  the  marriage  after  the  per- 
formance of  the  mommon  ceremonial  and  before  the  performance  of 
the   imbango  ceremonial,  she  pays  simply  the  hudhud;  should  she 

refuse  after  the   imbango,  she   pays  the  hudhud.  and,   unless  her  kin 
have  given  the  boy's  kin  the  mangdad  di  imbango,  she  pays  back  the 


L919  |  Barton  :  Ifugao  Law  33 

pig  given  her  family  by  the  boy'a  family  for  the  imbango  ceremonial. 
The  same  is  true,  mutatis  mutandis,  should  she  refuse  to  proceed  after 
the  hingoi  ceremony.  The  boy  may  refuse  to  proceed  with  the  mar- 
riage after  the  mommon  and  before  the  imbango  without  liability  to 
damages;  should  he  refuse  after  the  imbango,  he  must  pay  the  hudhud. 

22.  Vivoru  ceremonies. —  It  is  only  when  divorce  is  by  mutual 
agreemenl  that  divorce  is  attended  by  any  ceremonies.  The  ceremonies 
consist  of  a  honga,  or  general  welfare  feast,  not  greatly  different  in 
spirit  from  the  ceremonials  by  which  the  couple  were  married.  In 
other  cases,  the  couple  have  separated  prior  to  the  formal  divorce  or 
have  such  ill  feeling  toward  each  other  that  concerted  action  is 
impossible. 

'2').  Property  settlements  in  cast  of  divorce — (1)  When  there  are 
no  children:  Each  spouse  takes  the  property  that  he  brought  to  the 
marriage,  together  with  any  property  received  since  by  inheritance, 
or  solely  by  virtue  of  his  relationship  to  his  own  family. 

The  remaining  property,  that  is,  family  property  such  as  rice 
fields,  gold  ornaments,  gansas.  etc.,  and  personal  property  such  as 
food  stores,  house  furnishings,  implements,  domestic  animals,  and  also 
liabilities  that  rightfully  bear  equally  on  both  spouses  are  apportioned 
by  two  umpires,  monhangdad,  one  chosen  by  each  spouse.  These 
persons  make  an  equitable  division,  taking  as  their  fee  any  odd  articles 
of  personal  property.  Thus  if  there  be  three  bolos,  they  take  one;  if 
there  he  a  chicken  "left  over,"  they  take  it.  They  may  not  carry  this 
appropriation  to  themselves  too  far,  however. 

(2)  When  there  are  children  of  the  union:  The  woman  has  the 
right  to  the  children,  and  nearly  always  exercises  it.  In  some  cases/ 
when  the  mother  has  no  rice  fields  and  the  father  does  have  rice  fields, 
and  when  the  children  are  large  enough  not  to  need  a  mother's  care, 
by  special  agreement  the  father  takes  one  or  more  of  the  children. 

Whoever  takes  the  children  takes  possession  of  the  property  that 
belongs  to  them.  Usually  the  woman  takes  all  the  children  and  man- 
ages the  husband's  family  property  that  has  been  allotted  them. 

All  the  property  of  both  the  spouses  must  be  assigned  to  their 
children  at  the  time  of  the  divorce  (except  the  personal  property). 
The  one  who  takes  a  child  takes  also  the  property  of  that  child  and 
tills  it.  He  may  not  dispose  of  it  except  for  the  purpose  of  meeting 
Legitimate  obligations  against  it.  Should  the  child  die,  its  brothers 
and  sisters  inherit  the  property. 


34  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

DEPENDENTS  IX  RELATION  TO  FAMILY  LAW 

24.  Adopted  children. — An  adopted  child  is  termed  inagamid,  that 
is,  "taken  to  one's  self";  or  it  may  be  termed  na-imbalbalayt  n,  •"made 

oiir*s  child."    The  word  inagamid  is  also  used  to  denote  a  slave  taken 
into  a  household. 

Adoptions  are  rather  rare;  for  the  reason,  I  suspect,  that  it  is 
only  thi  propertied  class  who  make  them,  and  that  persons  of  this 
class,  being  well  nurtured,  usually  have  children  of  their  own.  Usually 
the  child  adopted  is  the  son  or  daughter  of  a  brother  or  sister,  and  so 
is  really,  according  to  the  Ifugao  mode  of  reckoning  kinship,  the 
son  or  daughter  of  the  adopter.  Which  family  the  child  shall  be 
adopted  from11  is  a  question  that  is  hard  for  a  man  and  his  wife  to 
agree  upon,  the  wife  naturally  wishing  to  adopt  from  her  family  and 
the  husband  from  his.  Sometimes  two  children  are  adopted,  one  from 
each  family.  .More  often  the  adopted  child  is  married  to  one  of  the 
family  of  the  unrelated  parent.  The  two  parents  by  adoption  then 
give  or  will  give  their  children  by  adoption  a  large  part  or  nearly  all 
of  their  properties.  They  may  not  give  the  adopted  children  all. 
They  must  give  something  to  those  who  would  have  been  their  heirs 
had  they  not  made  the  adoption. 

25.  Servants. — The  general  term  for  servants  is  baal.  As  a  rule 
no  pay  is  given  a  servant  other  than  his  board  and  clothing.  It  is 
the  ohligation  of  the  master,  however,  to  furnish  animals  for  sacrifice 
when  the  servant  falls  sick.  It  is,  further,  considered  good  form  for 
tin'  master  to  furnish  animals  for  sacrifice  in  case  of  sickness  of  the 
servant  *s  father  or  mother;  but  I  do  not  believe  it  to  be  an  obligation. 
A  servant  that  has  been  a  long  time  with  his  master  is  called  nikkop. 
It  is  an  obligation  resting  on  the  master  to  furnish  the  animals  and 
other  necessities  for  a  marriage  feast  for  such  a  servant.  As  a  rule 
there  is  no  definite  time  set  for  the  termination  of  a  contract  between 
master  and  servant,  and  such  contracts  are  terminable  at  any  time 
at  the  will  of  either  party. 

Sometimes  an  unmarried  adult  e-(>rs  to  the  house  of  a  rich  man 
ami  asks  to  he  taken  as  a  member  of  the  family  on  such  a  basis;  hut 
as  a    rule  servants  are  children   when    firsl    taken.      Oftentimes  a   high 

degree  of  affection  is  felt  for  a  faithful  member  of  the  family  of  this 


11  The  [fugao  reckons  kinship  by  generations.  Those  of  ;i  contemporaneous 
generation  are  tulang,  l>r<>thers  and  sisters,  children  of  the  preceding  generation 
ef  l. hid. I  relatives,  grandchildren  of  the  generation  of  ascendants  twice  removed, 
fathers  <>t'  tin-  succeeding  generation,  and  bo  on  (see  appendix  1). 


L919]  Barton :  Ifugao  Law  35 

class,  ami  it'  a  child  he  is  treated  as  a  son  or  daughter.  Sometimes  a 
rice  Held  is  assigned  to  iiim,  and  li<'  inherits  as  though  lie  were  the 
youngesl  son  or  daughter. 

26.  shirrs. —  Before  the  American  occupation,  except  in  those  few 
parts  of  the  hahitat  that  were  prosperous  and  in  which  Hie  obtaining 
of  the  daily  ration  was  not  a  serious  problem,  the  selling  by  parents 
who  found  themselves  poverty  stricken  of  one  of  their  children  was 
not  at  all  uncommon.  The  price  that  a  child  broughl  his  parents 
varied  from  live  pigs  to  live  carabaos.  There  was  no  difference  in 
value  between  a  male  and  a  female  child.  A  slave  was  most  valuable 
at  the  age  of  eighteen  or  twenty.  Some  men  were  slave  dealers,  and 
.•aiiied  .ureal  numbers  of  children  to  Nueva  Vizcaya  and  Isabela. 
In  those  parts  a  slave  was  worth  from  five  to  twenty  carabaos. 

Among  the  [fugao  a  slave  was  absolutely  the  property  of  his 
owner.  The  latter  had  power  of  life  and  death  over  him.  Even  if 
the  master  killed  the  slave  it  was  not  considered  that  the  slave's  family 
would  be  justified  in  avenging  the  death,  lint  a  slave's  children, 
even  though  they  be  the  children  by  another  slave  parent,  were  free. 
Frequently  one  of  them  was  assigned  to  take  the  place  of  the  father 
ami  another  of  the  mother,  and  these  two  then  became  free.  In  the 
lowlands,  however,  the  children  of  slaves  were  slaves,  which  accounts 
partly  fur  the  higher  prices  paid  for  slaves  in  those  parts.  It  would 
be  interesting  to  know  whether  the  lowland  (Christian)  Filipino  held 
children  of  slaves  as  slaves  before  his  civilization  and  christianization 
by  the  Spaniard,  or  whether  his  practice  then  was  that  of  bis  Ifugao 
brethren. 

The  purchase  of  a  slave  was  celebrated  by  a  very  pretentious  series 
.»f  religious  ceremonials.  Oftentimes,  with  the  Ifugao,  a  slave  was 
set  U-rv,  at  or  before  the  death  of  his  master,  and  was  given  a  rice 
field.  Unless  set  free  be  was  inherited  by  the  master's  heirs  as  any 
other  property.  Sometimes  a  slave  child  was  adopted  by  a  childless 
couple  as  their  own  son  or  daughter. 

The  following  "Pocahontas"  story  is  told  of  a  slave  who  lived  at 
his  master's  house  in  Anao.  The  master  treated  him  ill,  and  the  slave, 
a  young  man,  ran  away.  lie  went  to  the  enemy  village  of  Aliniit. 
The  men  of  that  town  were  going  to  kill  him,  hearing  his  Anao  accent, 
and  believing  him  to  he  one  of  their  hereditary  enemies.  Bu1  a  hand- 
some girl,  the  daughter  of  a  rich  man,  protected  him  with  her  own 
body  and  begged  for  his  life.  She  afterward  married  him  and  bought 
his  freedom.     There  was  no  actual  necessity  for  her  buying  his  free- 


36  University  of  California  Publication*  in  Am.  Arch,  and  Ethn.      [Vol.  15 

dom,  sine.,  the  last  thiug  in  the  world  the  Anao  master  could  have 
accomplished  would  have  been  the  recovery  of  his  property.  She 
bought  his  freedom,  however,  in  order  that  the  children  of  herself 
and  her  husband  mighl  never  be  called  the  "offspring  of  a  slave." 

Mention  should  be  made,  also,  of  those  who  voluntarily  entered 
into  slavery  as  a  means  of  paying  a  debt.  The  word  "voluntarily" 
in  this  connection  needs  explanation,  however.  A  man  was  usually 
frightened  into  entering  into  servitude  by  the  probability  that  if  he 
did  noi  he  would  be  killed. 

In  parts  of  Ifugao,  tin  killing  of  women  or  children  in  feuds  was 
a  disgraceful  thing,  and  rarely,  it  ever,  practiced.  Instead  they  were 
mad.'  prisoners  and  sold  for  debt.  Sometimes,  too,  women  or  children 
weir  carried  oil'  and  held  for  debt.  This  form  of  collection  of  debts 
was  legal,  or  at  hast  semi-legal.  In  case  the  debt  was  paid,  the  captive 
was  returned  ;  otherwise,  he  was  sold  as  a  slave. 

ILLEGITIMATE  CHILDRKX 

27.  /><  // nition  of  illegitimacy;  its  frequency. — A  bastard  is  one 
whose  father  refuses  to  take  the  mother  as  his  legal  wife  for  any 
period  of  time,  however  short.  The  marriage  of  the  parents  after 
the  birth  of  the  bastard,  consequently,  legitimizes  the  child. 

Bastardy  is  not  very  frequent.  It  is  extremely  frequent,  however. 
for  a  girl  to  become  pregnant  before  her  marriage.  But  in  such  cases 
her  Lover  usually  marries  her.  It  is  usually  in  cases  of  doubtful 
parentage  and  in  cases  in  which  one  of  the  parents  is  of  vastly  different 
status  as  to  wealth  that  a  marriage  does  not  follow  pregnancy. 
Hut  there  are  also  a  few  cases  of  bastardy  surrounded  by  other 
circumstances. 

28.  Obligations  of  father  I"  bastard  child. — The  father  of  a  bas- 
tard must  give  Ids  child  a  rice  field  if  he  has  a  field  unassigned.  He 
must  also  give  the  mother  an  oban,  or  blanket,  with  which  to  carry 
the  child  after  the  [fugao  fashion  on  her  back.  The  value  of  this 
gifl  is  principally  in  its  constituting  a  formal  recognition  of  the  child. 

The  mother's  rights  are  enforced  by  her  kin.  To  a  certain  extent 
the  same  is  true  of  the  bast.-n-d's  rights.     A  man  is  never  forced  to 

marry  a  woman  againsl  his  will— an  I  fugao"  woman  would  be  ashamed 
1<>  ask  such  a  thing.  Such  n  marriage,  too,  would  not  be  congenial. 
The  mere  making  of  a  bastard  a  legitimate  child  is  not  of  sufficient 
importance  t<>  justify  such  a  marriage.  Besides,  the  Efugaos  have  a 
Baying,  kumadangyang  <li  i>il<i</l<i<i<i:  "The  bastard  becomes  a   rich 

man." 


L919]  Barton:  Ifugao  Law  37 

Bxcepl  in  the  matter  of  division  of  estates,  the  bastard  lias  the 
same  rights  as  legitimate  children.  Bis  father's  kin  back  him  in 
legal  procedures  and  avenge  his  wrongs  as  it'  he  were  legitimate.    The 

father  and  his  kin  assist  him  in  his  marriage  feast  and  in  other  feasts 
that  may  he  necessary. 

29.  Determination  of  parentage.— The  ordeal  is  employed   when 

two  or  more  men  are  accused  of  being  the  father  of  a  hastard.  The 
woman  "s  word  is  not  sufficient  to  settle  the  parentage.  The  one  she 
accuses  may  lay  the  matter  at  the  door  of  another.  The  ordeals  used 
are  the  duel  with  runo  Stalks,  or  eggs,  and  the  hot  water  test.  The 
woman,  holding  the  babe  in  her  arms,  sits  half  way  between  the  two 
controversants. 

The  Ifugao  has  the  remnant  of  a  peculiar  belief  that  a  child  may 
l.e  begotten  by  two  fathers.  They  say,  for  example,  that  if  A  and  B, 
two  men.  are  having  sexual  intercourse  with  a  woman.  Z.  and  that  if 
it  is  settled  by  fate  thai  A  and  B  each  shall  beget  a  child  of  the  male 
sex.  Z  will  conceive  and  the  child  may  be  the  son  of  both  of  them. 
But  if  A  is  fated  to  begel  a  female  child,  and  B  to  beget  a  male  child, 
the  semen  of  the  one  undoes  that  of  the  other,  and  the  woman  does 
not  conceive.  This  belief  is  not  taken,  seriously  as  a  rule;  but  I  have 
heard  it  advanced  in  a  case  of  illegitimate  birth.12 

Accordingly,  should  each  of  the  two  men  be  struck  by  the  eggs 
thrown  in  the  duel  to  decide  the  parentage  of  the  child,  or  should 
both  be  scalded  by  hot  water,  the  Ifugao.  formerly  at  least,  held 
that  the  child  belonged  to  each  of  them. 

RECIPROCAL  OBLIGATIONS  OF  PABENTS  AND  THEIR  CHILDRKX 
30.  Duties  of  parents  to  children.— The,  Ifugao  family  exists  prin- 
cipally for  the  child  members  of  it.  The  parents  are  supposed  to 
love,  and  do  love  their  children  more  than  the  children  love  them. 
The  parents  are  under  the  obligation  to  provide  food  and  clothing  for 
their  children,  and  to  impart  to  them  the  tribal  knowledge  that  is 
necessary  to  a  respectable  and  well  regulated  [fugao  life  The  child 
may  he  forced  to  assist,  according  to  bis  ability,  in  the  matter  of  house- 
hold tasks,  work  in  the  fields,  ami  the  like. 

Corporal  punishment  may  lie,  hut  very  rarely  is.  administered.  It 
is  the  mothers,  strange  to  say,  rather  than  the  fathers,  who  use  this 


1^  Tt  is  a  Malay's  pride  never  to  be  caught  without  an  explanation  or  excuse. 
However  flimsy  or  absurd  this  may  be,  or  perhaps  in  proportion  to  its  absurdity, 

lie  advances  it  boldly  and  brazenly. 


38  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

form  of  punishment.  I  never  saw  or  heard  of  a  father  whipping  his 
child.  Such  a  thing  as  a  right  of  life  and  death  over  a  child  is  as 
unthought  of,  as  it  would  be  abhorrent,  to  the  Ifugao  if  mentioned. 

The  Ifugao  child,  even  at  the  age  of  ten  or  twelve,  begins  to  look 
upon  his  parents'  property  as  his  own,  or  at  least  that  portion  of  it 
that  will  fall  to  his  share.  A  little  later,  he  becomes  independent — he 
does  not  obey  his  parents  unless  he  wants  to  do  so.  He  is  fully  as 
likely  to  command  them  as  to  obey  them.  And  the  parent  is  under 
the  obligation  early  to  allow  the  children  to  displace  him  from  his 
possession.  He  must  turn  over  all  his  property  to  them  as  soon  as 
they  are  able  to  marry  or  care  for  themselves.  Should  there  be  but 
a  single  field,  he  assigns  it  to  his  eldest.  From  the  time  that  the  fields 
are  turned  over,  the  father 's  offices  are  those  of  priest  and  counselor ; 
the  mother's  offices  are  those  of  priestess  (sometimes)  and  of  house- 
hold drudge  (always). 

31.  Obligations  of  children  to  parents. — The  obligations  of  children 
to  their  parents  are : 

(a)  To  provide  animals  and  other  things  requisite  to  religious 
feasts  that  are  thought  necessary  to  keep  them  in  good  health  and  to 
restore  them  when  sick.  This  obligation  is  by  far  the  most  burden- 
some one,  usually. 

(b)  To  provide  food  and  clothing  for  them,  and  to  care  for  them 
when  sick  or  helpless. 

(c)  To  provide  requisites  for  a  funeral  feast  in  accord  with  the 
station  of  the  deceased. 

In  case  the  child  has  not  yet  obtained  possession  of  his  allotment, 
these  obligations  do  not  rest  upon  the  child,  but  are  a  charge  upon 
the  property  alloted  him.  If  the  child  has  obtained  possession  of  his 
share  in  the  family  estate,  the  obligation  rests  upon  the  child  himself. 

The  law  of  primogeniture  holds  with  respect  to  these  obligations. 
Civil  obligations  rest  more  heavily  upon  the  older  children  and  as 
nearly  as  possible  in  proportion  to  the  amounts  of  property  received 
from  the  parents.  Children  who  receive  no  family  property  contribute 
very  little. 

One  might  ask  how  compliance  with  these  obligations  is  enforced. 
Compliance  with  them  is  really  not  enforced.  They  are  the  most 
sacred  of  all  duties.  Not  to  meet  them  would  bring  upon  one's  self 
such  universal  reproach  as  to  render  life  unbearable. 


1919]  Barton :  Ifugao  Law  39 

THE  PROPERTY   LAW 
THE  KINDS  OF  PROPERTY 

32.  The  Ifugao^s  classification  of  properties. — The  [fugao  clearly 
distinguishes  between  two  classes  of  property/  His  language,  and 
indeed  his  thought,  is  very  poor  in  abstractions,  however,  and  he  bases 
his  classification  upon  the  difference  in  the  method  of  transferring 

property  by  sale.  The  one  class  he  calls  ma-ibuy,  "that  for  whose 
transfer  by  sale  an  ibuy  ceremony  is  necessary";  and  the  other,  adi 
ma-ibuy,  "that  for  whose  transfer  by  sale  an  ibuy  ceremony  is  not 
necessary. "  Classifying  them  upon  their  essential  differences  in  status 
in  Ifugao  law  and  culture,  I  term  the  former  family  property  and  the 
latter  personal  property. 

FAMILY  PROPERTY 

33.  The  Ifugao  attitude  toward  family  property. — Family  prop- 
erties consist  of  rice  lands,  forest  lands,  and  heirlooms.  The  Ifugao 
attitude  is  that  lands  and  articles  of  value  that  have  been  handed  down 
from  generation  to  generation  cannot  be  the  property  of  any  indi- 
vi dual:     Present  Holders  possess  only  a  transient  and  fleeting 


sion,  or  better,  occupation,  insignificant  in  duration  in  comparison  with 
the  decades  and  perhaps  centuries  that  have  usually  elapsed  since  the 
field  or  heirloom  came  into  the  possession  of  the  family.  Their  posses- 
sion is  more  of  the  nature  of  a  trust  than  an  absolute  ownership — a 
holding  in  trust  for  future  generations. 

It  is  a  misfortune  when  family  property  that  has  long  been  in  the 
possession  of  a  family  must  be  sold  out  of  it.  But  if  it  be  sold  to  a 
member  of  another  branch  of  the  same  family,  the  misfortune  is 
accounted  less  in  proportion  to  the  nearness  of  the  kinship.  How- 
ever, the  rights  of  the  living  and  of  the  ancestors  departed,  are  greater 
than  the  rights  of  the  unborn.  Consequently,  a  field  may  properly 
be  sold  and  so  depart  from  the  family,  if  it  be  in  order  to  provide 
animals  to  accompany  the  spirit  of  a  deceased  ancestor  to  the  spirit 
world,  or  in  order  to  provide  animals  for  sacrifices  to  secure  the 
recovery  from  dangerous  sickness  of  some  member  of  the  family, 
[nherited  property,  however,  is  not  to  be  disposed  of  without  exhaust- 
ing every  effort  to  keep  it  within  the  family.  Nor  must  it  ever  be  dis- 
posed of  for  light  or  trivial  reasons.     Except  when  sold  to  satisfy  the 


40  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

needs  of  the  departedjjiiJiiaiig  (in  these  cases,  a  forced  sale)  family 
properties  when  sold  bring  exorbitant  prices.  Fields  or  other  prop- 
erties which  have  been  recently  acquired  or  constructed,  sell  at  con- 
siderably lower  prices,  even  though  their  intrinsic  value  be  the  same. 
Nothing  that  I  know  of  in  the  Ifugao  make-up,  is  so  characteris- 
tically oriental  as  is  this  subordination  of  individual  to  family  rights. 

34.  Rice  lands. — A  "field"  consists  of  all  the  contiguous  paddies 
in  one  place  that  are  the  property  of  one  man.  Insaiee-and  in  trans- 
fers arising  out  of  family  relationship,  and  in  balal  (pawning),  afield 
is  never  divided...  If  there  be  two  heirs  and  only  one  field  tobe 
inherited,  the  elder  of  the  heirs  takes  the  entire  field.  The  reason  for 
this  and  for  the  rights  of  primogeniture  (see  sec.  53)  in  inheritance 
and  assignment  of  property,  is  to  be  found  in  the  fact  that  thejfugao 
social  consciousness  considers  it  better — and  it  is  better — that  a  family 
have  at  leaTTone  powerful  member  round  whom  thekm__may  rally 
aucTto  whom  they  may  look  for  aid,  than  that  the  family  property  be 
split  into  insignificant  parcels  that  would  affect  but  little  the  property 
of  all.  Aside  from  this  consideration  there  is  also  the  practical  diffi- 
culty of  dividing  a  field.  In  the  process  of  dividing,  the  family  unity — 
which  is  the  dearest  and  most  necessary  thing  in  Ifugao  society — would 
probably  be  destroyed  by  quarrels  and  squabbles.  Even  if  an  equitable 
division  could  be  arranged,  a  great  deal  of  the  field  would  be  taken 
up  in  dikes  and  division  lines.  It  is  a  rare  thing  to  find  an  Ifugao 
rice  field  as  large  as  one  acre  in  extent. 

There  is  no  formal  recognition  of  the  eldest  as  the  head  of  the 
family.  But  together  with  the  lion'Pshare  of  the  property,  the  first- 
born  inherits  certain  well  defined  and  rather  stringent  obligations.  In 
this  we  seem  to  have  the  Savor  of  a  system  ol  ITaU'iHl'cfiy. 

35.  Forest  lands. — Such  lands,  valuable  principally  because  of  the 
woods  upon  them,  are  often  the  common  property  of  a  group  of  kins- 
men and  their  families.  They  are  sometimes  partitioned.  They  are 
nearly  sure  to  be  partitioned  if  Avood  be  scarce,  or  if  part  of  the  land 
be  suitable  for  rice  fields. 

S6.-ILdj.'looms. — Heirlooms  consist  of  such  articles  as  gold  neck- 
ornaments  (intrinsic  value  of  the  gold  being  about  10  pesos  to  20 
pesos;  current  price  among  the  Ifugaos,  60  pesos  to  120  pesos)  ;  gongs 
(value  8  pesos  to  250  pesos)  ;  rice- wine  jars  (value  60  pesos  to  400 
pesos)  ;  pango,  or  strings  of  amber  colored  glass  beads  (value  80  pesos 
to  160  pesos)  ;  and  bungol,  long  strings  of  agates  and  bloodstones 
which  are  very  rarely  sold   (value  about  250  pesos).     These  articles 


1919]  Barton:  Ifugao  Law  41 

arc  used  fully  as  much  by  the  owner's  kiu  as  by  the  owner  himself; 
for  they  wear  the  heads  and  ornaments,  play  the  gongs  in  feasts,  and 
brew  rice  wines  in  the  jars. 

37.  Sale  of  famj(;/  pr<>pr£hi — The  selling  of  rice  fields,  forest  Lands, 
gold  neck-ornaments,  riee-wine  jars,  and  the  like  is  a  matter  of  prac- 
tical concern  to  the  entire  family.  Selling  them,  except  in  cases  of 
necessity  and  after  consultation  with  the  kin,  would  lead  to  ill  feeling 
toward  the  seller  on  the  part  of  his  kin,  and  ^  refund  to  nssist  ^nd 
back  him.  Since  there  is  no  form  of  political  government  in  Ifugao 
culture.  Mud  sjncp  every  infln,  must,  with  the  help  of  his  kin,  "get  his 
own  justice,"  this  would  be  no  small  punishment.  How  serious  a 
punishment  it  would  be,  the  reader  will,  perhaps,  realize  when  he 
reads  the  chapter  on  procedure. 

The  sale  of  family  property  is  registered  by  ceremonies  in  which 
the  near  kin  of  both  buyer  and  seller  take  part.  In  comparison  with 
the  solemnity  of  these  transfers,  our  real  estate  transfers  are  common- 
place. In  comparison  with  their  complexity,  our  transfers  are  sim- 
plicity itself. 

PPyRSONAT,   PROPERTY 

38.  Definition. — Such  articles  as  knives,  spears,  dishes,  baskets, 
pots,  houses,  camote  fields,  fruit-bearing  trees,  blankets,  animals  and 
flvtieleg  r.f  mi^nr  vqIhq  gve  on  the  same  legal  basis  as  personal  property 
among  ourselves.  Three  items  in  this  list  demand  special  attention : 
houses,  valuable  trees,  and  sweet  potato  fields. 

39.  Houses. — Dwellings  are  movable  property  in  Ifugao.  A  man, 
with  the  aid  of  his  kinsmen  can,  and  frequently  does,  take  a  house  to 
pieces,  move  it  to  a  different  site  and  set  it  up  again  before  sunset. 
The  plot  on  which  a  house  stands  lias  no  value.  The  value  of  a  house 
is  usually  about  ten  pesos,  the  range  of  prices  being  from  six  to  sixty 
pesos. 

40.  Valuable  trees. — Cocoanut  trees,  coffee  trees,  and  areca  palms 
are  sold  without  any  sale  or  transfer  of  the  land  on  which  they  stand. 
The  value  of  a  cocoanut  tree  in  full  bearing  is  five  pesos;  of  a  coffee 
tree,  one  to  two  pesos;  of  an  areca  palm  one-half  peso.  As  a  rule, 
the  land  on  which  these  trees  stand  has  no  value.  A  practice  pre- 
senting parallel  features  that  leads  one  to  believe  that  the  same  man- 
ner of  selling  trees  must  have  prevailed  among  the  Pangasinanes,  one 
of  the  Christian  tribes,  is  that,  in  the  sale  of  the  cocoanut  groves  in 


42  University  of  California  Publications  in  Am.  Arch,  and  Etlin.      [Vol.  15 

central  Pangasinan,  the  trees  are  sold  at  so  much  apiece ;  but  in  order 
to  get  possession  of  the  trees,  it  is  necessary  to  buy  the  land  at  so 
much  a  hectare,  since  the  land  has  a  value. 

Camote  or  sweet  potato  fields  are  discussed  in  section  45. 

No  ceremonials  are  involved  in  the  transfer  of  personal  property ; 
nor  are  witnesses  necessary,  as  a  general  thing. 

PERPETUAL   TENURE 

Tenure  is  either  perpetual  or  transient. 

41.  Rice  and  forest  lands. — Rice-land  and  forest-land  tenures  are 
perpetual. 

In  case  an  owner  abandons  a  rice  field  for  any  period  of  time,  how- 
ever long,  and  another  man  takes  up  the  field  without  interference  or 
contrary  order  of  the  true  owner,  clears  it  of  underbrush,  builds  up 
the  broken  dikes,  levels  once  more  the  terraces,  tills  and  plants  it,  the 
latter  has  the  right  to  use  the  field  for  the  same  number  of  years  that 
it  was  abandoned.  At  the  end  of  this  time,  the  field  reverts  to  the 
true  owner.  Should  the  owner  desire  possession  of  his  field  before 
the  expiration  of  the  time,  for  which,  in  accordance  with  this  rule, 
the  field  should  remain  in  the  possession  of  him  who  redeemed  it  from 
the  wild  mountain  side,  he  must  repurchase  possession. 

It  is  not  incumbent  on  a  man  to  secure  permission  of  the  owner 
of  an  abandoned  field  before  working  it ;  it  is  incumbent  on  the  owner 
to  prevent  others  from  working  his  field  against  his  will. 

In  the  event  a  rice  field  is  made  on  privately  owned  forest  lands 
from  which  the  timber  has  long  been  cut,  the  owner  of  the  land,  when 
he  has  proved  title,  demands  payment  for  the  land.  But  he  may  not 
take  advantage  of  the  labor  that  the  other  has  spent  on  the  land  in 
making  rice  fields,  to  demand  an  exorbitant  payment.  To  take  such 
a  course  would  invite  danger  to  himself. 

Forest  lands  that  have  been  divested  of  their  wood  may  be 
planted  in  camotes  (sweet  potatoes)  by  any  person  without  asking  the 
consent  of  the  owner.  If  the  owner  does  not  want  his  land  so  planted 
or  intends  to  use  it  himself,  it  is  his  business  to  inform  any  who  may 
have  started  to  work  the  land.  But  if  he  is  tardy  in  making  this 
prohibition,  he  must  pay  for  the  labor  expended,  or  must  allow  the 
continuance  of  the  work,  and  the  harvesting  of  one  crop  of  camotes 
from  the  land.  I  am  not  certain  that  this  is  the  case  in  all  parts  of 
Ifugao. 


L919]  Barton:  Ifugao  Law  43 

42.  " Homesteading." — That  land  which  is  not  rice  fields  or  forest 
land  and  which  is  not  owned  by  some  individual  by  reason  of  its  hav- 
ing been  one  or  the  other  formerly,  becomes  the  property  of  whomso- 
ever makes  it  into  rice  fields.    The  tenure  so  acquired  is  perpetual. 

4;?.  Paghok,  or  landmarks. — Whenever  a  rice-field  terrace  is  walled, 
the  terrace  wall  is  an  unfailing  and  unimpeachable  landmark.  But 
in  many  districts,  the  terraces  are  not  walled.  In  such  cases,  the  divi- 
sion lines  between  fields  are  marked  by  large  chunks  of  wood  or  by 
large  stones,  buried  three  or  four  feet  deep  along  the  division  line. 
A  boulder  is  of  course  a  most  excellent  landmark. 

"Weather  and  the  elements  are  continually  wearing  back  an  un- 
walled  terrace.  The  amount  each  year  is  very  small.  But  when  in 
the  course  of  years  the  displacement  is  sufficient  to  justify  it,  the 
owner  may  take  that  part  of  the  field  in  the  terrace  below  that  belongs 
to  him. 

The  moving  of  a  landmark  is  said  never  to  occur,  since  it  would 
take  two  or  three  men  to  lift  the  heavy  stones,  and  would  require  a 
long  time.  Moreover  it  could  not  be  done  without  leaving  plain  and 
indisputable  evidence  of  the  crime. 

44.  Bight  of  way  through  property  owned  by  others. — In  order  to 
get  rid  of  insect  pests,  clay  is  sometimes  conveyed  to  a  field  to  form  a 
layer  over  it  about  two  inches  thick.  The  clay  is  shovelled  into  a 
stream  of  water  above,  and  carried  as  silt  to  the  field  and  there  allowed 
to  settle.  Sometimes  leaf  mold  and  other  fertilizers  are  conveyed  to  a 
field  in  this  manner. 

It  makes  no  difference  how  many  fields  there  may  be  above  that 
on  which  it  is  desired  to  deposit  the  sediment,  the  owner  of  the  last 
has  a  right  to  cut  a  ditch  through  the  upper  fields  as  a  conduit  for 
the  stream  of  water.  He  must,  however,  repair  all  the  upper  terraces 
so  as  to  leave  them  as  they  were  before. 


TRANSIENT  TENURE 

45.  Tenure  of  sweet  potato  fields. — Sweet  potato,  or  camote,  fields 
are  clearings  on  the  mountain  sides  about  the  village.  They  are  nearly 
always  steep  slopes,  and  quickly  lose  their  fertility.  For  that  reason, 
they  are  abandoned  after  a  period  that  varies  in  different  districts  of 
Ifugao  according  as  camote s  are  a  more  or  less  important  factor  in 
the  subsistence  of  the  people.  Thus  in  Banaue,  where  camotes  form 
a  very  large  part  of  the  subsistence  of  the  people,  the  fields  are  cul- 


44  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

tivated  for  five  or  even  six  years,  if  located  near  the  village ;  if  more 
distant,  they  are  abandoned  after  about  two  years.  In  Kiangan,  where 
camotes  do  not  play  such  an  important  part  in  subsistence,  the  fields 
are  in  any  case  abandoned  after  one  or  two  years.  The  reason  for 
abandoning  the  fields  is  that  the  soil  wears  out  soon,  so  that  the 
camotes  grow  small,  and  the  yield  does  not  repay  the  labor  spent  in 
cultivation.  But  in  case  a  large  area  about  the  village  be  cultivated, 
rather  than  face  the  necessity  of  going  far  from  the  village  to  make 
clearings,  the  old  fields  are  tended  to  a  point  at  which  the  yield  becomes 
almost  nil.  After  abandoning  a  field,  the  owner  still  has  a  claim  on 
it,  but  only  until  such  time  as  the  field  grows  up  in  weeds,  in  which 
case  the  la-bor  spent  by  him  in  making  the  clearing  may  be  fairly 
presumed  to  have  been  undone.  After  abandonment,  the  field  regains 
its  fertility  slowly.  The  first  person  who  begins  clearing  the  field 
again  becomes  its  possessor  for  a  new  term  of  years.  It  is  exceedingly 
rare  that  quarrels  arise  over  camote  fields.  Camote  fields  are  some- 
times sold,  but  it  is  not  the  land  that  is  sold,  but  the  crop  with  tem- 
porary possession  of  the  land. 

TRANSFERS  OF  PROPERTY  FOR  A  CONSIDERATION 

There  are  two  kinds  of  transfer  of  family  property  for  ' '  considera- 
tion": the  balal  (pawn),  and  outright  sale. 

46.  The  oalal. — In  case  a  man  finds  himself  under  the  necessity 
of  raising  a  considerable  sum  of  money — usually  in  order  to  provide 
funds  for  a  funeral  feast  or  a  sacrifice — he  frequently  borrows  the 
sum,  giving  a  rice  field  into  the  hands  of  his  creditor  as  a  security 
and  as  a  means  of  paying  the  interest  on  debt.  The  creditor  holds, 
plants,  and  harvests  the  field  until  the  debt  be  repaid.  The  field  is 
to  all  purposes  his,  except  that  he  cannot  sell  it.  He  can,  however, 
transfer  it  as  a  balal  into  the  hands  of  another.  But  he  must  transfer 
it  for  the  same  or  a  less  amount  of  money ;  that  is,  if  he  has  loaned 
fifty  pesos  on  the  field,  he  must  not  borrow  more  than  that  sum,  unless, 
of  course,  he  be  able  to  secure  the  owner's  consent.  This  is  a  very  wise 
provision  of  Ifugao  law  that  insures  the  prompt  return  of  the  field 
to  the  owner  as  soon  as  he  be  able  to  get  together  the  amount  needed 
to  redeem  the  field.  An  example  will  make  this  clear.  A  borrows 
fifty  pesos  of  B,  giving  his  field  as  a  balal  into  B's  charge ;  B  gives  it  as 
a  balal  to  C  for  the  same  or  a  less  amount,  who  gives  it  as  a  balal  to  D 
and  so  on.     When  A  is  able  to  repay  the  debt,  he  goes  to  B  and 


1919]  Barton:  Ifugao  Law  4.~> 

delivers  him  the  sum  plus  the  fee  of  the  agent  through  whom  the 
deal  was  effected.  With  this  amount,  including  the  fee,  B  goes  to  C, 
C  goes  to  D,  and  so  on.  Were  B  to  have  borrowed  without  A's  con- 
sent more  than  fifty  pesos,  say  seventy  pesos,  and  were  he  not  finan- 
cially able  to  obtain  the  difference  (twenty  pesos)  between  his  debt  to 
C  and  the  debt  that  A  had  just  paid  him,  there  would  be  an  excellent 
beginning  for  a  quarrel  that  might  end  in  lance  throwing. 

Real  estate  of  this  kind  continues  in  the  hands  of  the  creditor 
until  the  debt  be  paid.  Transfers  of  the  same  piece  of  land  may  go 
on  indefinitely.  The  transfers  are  witnessed  each  time  by  the  agent 
who  obtains  the  loan  for  the  person  in  whose  charge  the  field  is.  This 
agent  receives  as  his  fee  about  five  to  twelve  per  cent  of  the  value  of 
the  loan  obtained.  He  is  the  only  witness  necessary.  His  fee  is  paid 
him  in  the  first  place  by  the  creditor.  But  the  fee  is  added  to  the 
amount  loaned,  and  must  be  returned  by  the  debtor  when  the  debt  is 
paid.  As  soon  as  the  agent  has  received  his  fee,  it  is  his  duty  to 
inform  his  oldest  son,  in  case  he  be  of  sufficient  age,  otherwise  his 
wife  or  a  brother,  of  the  terms  of  the  transaction.  This  is  a  precau- 
tionary measure  against  his  death  and  the  consequent  leaving  of  the 
transaction  without  a  witness. 

Each  creditor  is  liable  to  his  debtor  for  the  return  of  the  field 
upon  the  payment  of  the  sum  due,  the  case  being  precisely  parallel 
to  the  liability  of  the  indorsers  of  a  check  or  a  note,  one  to  another. 

Suppose,  however,  that  the  field  be  planted  in  rice.  In  such  an 
event,  the  owner  must  leave  the  creditor  in  possession  of  the  field 
until  the  crop  shall  have  been  harvested.  In  case  the  field  be  newly 
planted,  it  is  sometimes  returned  to  the  owrner  on  the  agreement  that 
he  care  for  the  growing  crop,  harvest  it,  and  give  the  creditor  half. 
If  the  field  be  spaded,  but  not  planted,  the  owner  may  pay  his  creditor 
for  the  cost  of  the  labor  expended  in  spading  the  field,  together  with 
a  bonus  as  interest. 

The  amount  loaned  on  a  field  never  equals  the  value  of  the  field. 
Usually  it  is  about  half  the  value.  It  makes  no  difference  how  long 
a  field  remain  in  the  status  known  as  balal,  the  field,  subject  to  the 
conditions  of  the  preceding  paragraph,  must  be  n  turned  to  II"  mem  r 
or  his  heirs  whenever  th(  amount  lo<no<l  h<  returned.  Sometimes 
a  field  remains  a  balal  for  two  or  three  generations. 

47.  Sales  of  family  property. — The  Ifugao  has  a  very  peculiar 
system  of  buying  and  selling  in  connection  with  family  property,  by 
which,  paradoxical  as  it  may  sound,  a  man  has  to  pay  for  an  article 


46  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

almost  twice  its  price.  In  order  to  complete  the  purchase  of  a  rice 
field,  there  are  "extras"  almost  without  number,  to  be  paid,  each 
extra  bearing  as  its  metaphorical  name,  the  name  of  some  act  of  rice- 
field  cultivation  or  of  a  feature  of  the  trade  itself.  So  far  as  has  yet 
been  ascertained,  there  is  no  myth  or  story  to  explain  how  this 
peculiar  idiosyncracy  originated. 

The  price  is  divided  into  ten  parts,  each  part  being  represented 
by  a  runo  stick  or  a  notch  cut  in  a  stick,  or  by  knots  in  a  string.  In 
the  Banaue  district,  these  sticks  are  kept  for  generations  as  records 
of  the  sale.  The  first  two  sticks  are  called  budut,  and  represent  the 
payment  down.  They  are  the  heaviest  payments,  not  necessarily 
made  on  the  day  of  the  transfer,  but  at  a  set  time.  The  eight  others 
represent  some  standard  in  the  Ifugao's  system  of  barter,  and  are 
called  gatang,  or  price.  They  are  paid  at  some  indefinite  time  in  the 
future.  Possession  of  the  field  is  given  after  the  first  payment.  In 
order  to  make  the  sticks  conform  to  the  standards  of  barter,  it  is 
sometimes  necessary  to  represent  one  payment  by  two  sticks. 

Fee  of  witnesses  and  agent.  This  fee  is  called  lukbu,  or  lagbu 
(in  Benaue  dialect).  The  principal  witnesses  are  preferably  the 
distant  kin  of  the  seller,  and  the  agent  or  agents  who  effected  the  sale. 
The  names  of  the  different  sticks,  knots,  or  notches  are  translated 
literally  in  the  tables  diagraming  the  transactions  in  purchasing  fields. 

These  fees  are  paid  and  the  presents  made  to  the  kin  of  the  seller 
at  a  feast  called  ibuy.  This  feast  is  performed  whenever  the  purchase 
price  of  the  field  has  been  paid.  The  kin  of  buyer  and  seller  meet 
in  the  purchaser's  house. 

A.  Transactions  in  the  Purchase  of  a  Field  in  the  Kiangan  Area 

I.  Payments  on   the  property  h 

Paid  down  at  time  purchase  is  consummated,  or  soon  after: 


Name  of  transaction  and 
Budut,  or  tandong 
Budut,  or  tandong 

meaning 

Article  transferred         Value 
1    pig                   1*20.00 
1  pig                    15.00 

Additional  instalments 

(gatang) 

paid 

irregularly: 

Gatang 

NunoMp  (two  at  a  time) 

Nunol-op   (two  at  a  time) 

Gatang 

Gatang 

1  death  blanket   8.00 
1  death  blanket   8.00 
1  pig                   20.00 
1  pig                     8.00 
1  pig                     8.00 

Total  

1*87.00 


1919]                                              Barton 

:  Ifvgao  Law 

II.  Fees   (ItiLhit)  , 

of  tin    principal  witnesses 

Name  of  transaction  and  meaning 

Article  transferred 

Value 

Bobod   (the  tying) 

1  Pig 

f*10.00 

Page  (rice) 

1    small  pig 

6.00 

Lanad  (commission  of  the  go-between) 

5.00 

Pugug  (finished) 

4.00 

Gogod  (cut) 

3.00 

Kinta   (left  over) 

1.00 

Total  

47 


?  29.00 

III.  Advance  interest  paid  to  the  seller 
Baldblad  ** c-50 

(If  the  seller  is  a  kinsman,  he  may  not 
take  this  amount.  If  taken,  the 
seller  and  the  purchaser  may  not 
eat  together  for  five  days,  since 
they  are  on  a  basis  of  ' '  theoretical 
enmity."  This  "theoretical  en- 
mity" exists  in  several  other  in- 
stances in  Ifugao  life.  See  sec- 
tion 15  and  appendix  2.) 

IV.  Gifts  to  the  seller's  kin 

Piduan  di  gogod  (repetition  of  the  cut) 
Piduan  di  kinta  (repetition  of  the  surplus)  * 
Hablal  (flooding  of  field) 
Hagaphap  (chopping  of  grass  from  terrace 

wall) 
Oholc  (sticks  for  beans  to  climb  up) 
Umuhun    (burning  off  grass) 
Aiyag  (dinner  call) 
Bant i n a   (flint  and  steel) 
Pakimdan   (chewing  betels  together) 
Alauwin   (woman's  rice-field  jug) 
Kalakal  (edible  water  beetle  living  in 

rice-field) 
Tobong  (spit  on  which  kalakal  are  strung) 
Inipit  di  olak  (holding  bolo  between  toes  to 

cut  meat  with) 
Banga  (cooking  pot) 
Iluknp  (lid  for  the  same) 
Buyu   (dish) 

Tayap  di  gatang  (wings  of  the  sale) 
Tayap  di  mongatang  (wings  of  the  seller) 
Kindut  (carried  under  the  arm) 
Inhida  (eaten  chicken) 

Total   ?9-50 


Natauwin 

P1.00 

X  at  mi  win 

1.00 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

X  a -oli  a 

.25 

Natauwin 

1.00 

Natauwin 

1.00 

Natauwin 

1.00 

Natauwin 

1.00 

Grand  total  f  132.00 


"This  payment  is  based  on  ideas  of  magic.     It  tends  to  cause  the  field  to 
produce  in  like  manner:    that  is,  to  produce  enough  and  a  surplus  besides. 


48  University  of  California  Publications  in  Am.  Arch,  and  Etlin.      [Vol.  15 

B.  Transactions  in  the  Purchase  op  a  Field  in  Benaue 
I.  Payments  on  the  property 

Budut  ndbungol  (the  jeweled  budnut)   f*60.00 

Budut  nadulpig  (additional  budut)  10.00 

Budut  nadulpig  (additional  budut)  10.00 

Budut  nadulpig  (additional  budut)  10.00 

Budut  nadulpig  (additional  budut)  . 10.00 

Budut  nadulpig  (additional  budut) 10.00 

Budut  nadulpig  (additional  budut)  10.00 

Budut  nadulpig  (additional  budut)  10.00 

Budut  nadulpig  (additional  budut) 10.00 

Budut  nadulpig  (additional  budut) 10.00 

Total   (value  of  field,  15  pigs) P150.00 

II.  Additional  payments  made  to  the  seller,  his  kindred,  and  the 

witnesses  after  payments  of  purchase  price  but  before 

the  ibny  feast 

Tayap  di  gatang  (wings  of  the  sale)  §*30.00 

Bobod  (tie) 20.00 

Binangwa  de  bobod  (half  of  the  tie)  10.00 

Pinohat  (carried  under  the  arm)  8.00 

Botag  (meat) 5.00 

Gogod  (cut)   2.00 

Total 1*75.00 

///.  Payments  at  ibuy  ceremony 

To  the  witnesses: 

1  death  blanket  §*8.00 

1  death  blanket 8.00 

Inagagong  (kind  of  blanket) 5.00 

For  distribution  to  seller's  kin: 

10  chickens,  Nunpatngan  (?)  8.00 

Alaag  (cooking  pot  of  Chinese  origin)   2.00 

Gogod,  1  bolo  (the  cutting  off)   1.00 

Puguy  (finish) , 2.50 

Linuta  (cooked)  2.50 

Total    f*37.00 


Grand   total    1*262.00 

One  of  the  fine  points  in  buying  consists  of  an  insidious  hospitality 
on  the  part  of  the  purchaser,  which  gets  the  seller  and  his  kin  drunk 
so  that  they  forget  some  of  their  perquisites.  At  the  psychological 
moment,  that  is,  when  a  few,  but  not  all,  of  the  presents  or  lukhu 
have  been  made  the  seller  and  his  kin,  and  when  the  latter  are  at  the 
proper  stage  of  drunkenness,  one  of  the  purchaser's  kinsmen  says: 
"Let  us  proceed  with  the  praying."  If  he  is  successful  in  getting 
the  religious  part  of  the  ceremonies  started,  and  can  keep  the  minds 


l<)li)  |  Barton  :  Ifugao  Law  49 

of  the  seller  and  liis  kin  from  the  unpaid  gifts  or  fees  until  they  eat, 
then  the  fees  never  have  to  be  paid.  For  when  they  have  started 
eating,  everything  is  over.  They  may  demand  the  unpaid  fees  only 
if  they  want  to  make  themselves  laughing  stocks  in  the  eyes  of  their 
fellows.  For  according  to  Ifugao  law,  when  the  seller  and  the  pur- 
ehaser  eat  together  at  the  ibuy  feast,  the  transfer  of  ownership  is 
complete,  ami  irrevocable. 

Although  possession  of  the  propprty  is  given  before  the  purchase 
price  is  paid,  ownership  of  it  is  not,  however,  complete  until  after 
the  performance  of  the  ibuy.  If  <ni<  were  to  buy  a  field  without  per- 
forming  tht  ibuy  ceremony,  tin  presumption  would  be  held  that  the 
field  had  passed  into  his  hands  as  a  balal.  It  has  been  noted  already 
that  hut  one  or  two  of  the  unit  payments  are  made  at  the  time  posses- 
sion is  given,  and  that  no  particular  time  is  set  for  making  the  rest 
of  the  various  partial  payments.  At  any  time  before  the  ibuy  cere- 
monial which  forever  transfers  the  field,  the  seller  may  demand  a 
payment  or  all  the  payments,  except  the  fees  to  the  witnesses  and  his 
kin.  He  may  do  this  as  a  matter  of  malice,  or  he  may  do  it  as  a 
matter  of  necessity.  He  sends  a  monkalun,  or  go-between,  to  demand 
payment.  The  go-between  and  the  buyer  arrange  a  reasonable  time — 
usually  not  less  than  ten  days — within  which  the  payment  is  to  he 
raised.  If  it  be  not  then  forthcoming,  the  field  may  revert  to  the  former 
owner,  should  the  latter  so  desire,  and  be  sold  by  him.  He  must, 
however,  return  immediately  the  entire  amount  of  the  partial  pay- 
ments made  to  date  by  the  first  purchaser. 

In  case  of  such  a  transfer  of  a  field  as  that  described  in  the  pre- 
ceding paragraph,  the  same  rules  apply  to  the  ownership  of  standing 
crops  as  apply  in  transfers  of  possession  arising  from  the  balal. 

But  should  the  seller  of  a  field,  after  having  sold  it  to  a  second 
person,  and  after  having  received  a  part  of  the  purchase  price  of  the 
field  from  him,  without  consultation  or  notification,  and  without  giv- 
ing this  second  person  a  chance  to  make  the  final  payments  on  the 
field,  sell  it  to  another,  he  must  repay  to  the  first  purchaser  double 
the  amount  of  the  partial  payments  made  by  the  first  purchaser  to  the 
date  of  the  sale. 

Personal  property  is  transferred  without  formality. 

48.  Responsibility  of  seller  after  property  has  left  his  hands. — In 
both  Ifugao  and  Kalinga,  if  a  rice  field  after  passing  into  the  hands 
of  a  purchaser,  is  subject  to  an  unusual  number  of  slides  in  the 
terrace  wall,  or  is  wholly,  or  in  part  washed  away  by  a  freshet,  the 


50  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

purchaser  may,  at  any  time  within  the  year  following  the  purchase, 
relinquish  the  field  and  demand  the  return  of  his  purchase  price. 
This  is  on  the  ground  that  the  seller  may  have  put  a  curse  on  the 
field  when  it  left  his  hands,  or  that,  at  least,  he  did  not  relinquish  his 
hold  on  its  welfare  and  fertility. 

In  Kalinga,  if  a  water  buffalo,  horse,  or  ox,  die  within  the  year 
following  its  sale,  the  purchaser  may  demand  the  return  of  the  pur- 
chase price. 

TRANSFERS  OF  PROPERTY  ARISING  FROM  FAMILY  RELATIONSHIPS 

49.  Methods  of  transfer. — Property  is  transferred  within  a  family 
by  two  methods :  by  assignment  and  transferal  during  the  life  of 
the  owner;  and  by  inheritance. 

50.  Assignment  and  transfer  of  property  during  the  lifetime 
of  the  owner. — At  some  undefined  time  all  the  family  property  that 
one  possesses  is.  assigned  to  his  children.  By  "assigned,"  I  mean 
"provisionally  allotted,"  subject  to  any  legitimate  charge  or  obligation 
against  it.  A  family  property  is  always  subject  to  sale  or  pawn 
for  the  purpose  of  providing  funeral  feasts,  sacrifices  in  time  of  sick- 
ness or  other  grave  necessity,  payments  of  fines,  and  indemnities, 
made  on  behalf  of  lineal  ascendants  and  descendants  and  near  col- 
lateral kin.  The  property  is  usually  assigned  when  the  children  are 
quite  small. 

Property  is  transferred  (that  is  to  say,  possession  is  given)  to  the 
children  when  they  marry  and  separate  from  the  household  of  the 
parents.  By  the  time  the  youngest  child  has  so  separated,  or  even 
before,  the  parents  have  become  a  charge  on  their  children.  It  is 
only  sometimes,  in  the  case  of  the  very  rich,  that  a  portion  of  the 
property  is  reserved.  Childless  widowed  aunts  or  uncles  usually 
transfer  their  property  to  those  who  would  otherwise  inherit  it,  and 
so  become  a  charge  upon  those  persons. 

51.  Inheritance. — It  is  only  in  case  of  the  death  of  the  parents  when 
the  children  are  very  small,  or  of  the  death  of  a  more  distant  relative 
from  whom  it  is  inherited,  that  the  Ifugao  receives  property  by 
inheritance. 

52.  The  passing  of  property  between  relatives  because  of  relation- 
sliip. — The  same  laws  govern  both  the  assignment  and  transfer  of 
property  while  the  possessor  is  yet  living,  and  the  inheritance  of 
property.  Of  all  Ifugao  laws,  they  are  the  most  definite  and  the  most 
invariably  followed. 


1919]  lUu  ton:   If  nihil,  Laiv  51 

53.  Tin  law  of  primogeniture. — By  this  law.  the  elder  children 
inherit  a  greater  portion  of  the  property  than  the  younger  ones,  the 
proportion  being  governed  by  the  ordinal  rank  of  the  children  as  to 
birth.  If  there  be  but  one  rice  field,  the  eldest  takes  it.  Because  of 
his  greater  wealth,  the  eldest  is  frequently  the  family  leader, 
counselor,  and  advocate.  He  has  no  actual  authority  over  his  brothers 
and  sisters,  however — indeed  no  person  in  Ifugao  society  has  authority 
over  another. 

54.  The  passing  of  property  to  legitimate  sous  and  daughters  by 
assignmi  nt  or  inheritana  . 

(a)   No  distinction  is  made  because  of  sex. 

(6)   The  greatest  proportion  of  an  estate  goes  to  the  eldest  child. 

(c)  If  the  number  of  children  be  greater  than  the  number  of 
rice  fields,  the  elder  children  take  the  fields.  If  there  be  but  one 
field,  the  eldest  takes  it. 

(d)  If  all  the  children  inherit  rice  fields,  the  heirlooms  and 
personal  property  are  divided  in  accordance  with  the  laws  of  primo- 
geniture that  apply  to  real  estate. 

(e)  If  there  be  children  that  inherit  no  rice  fields,  a  slight  com- 
pensation is  made  them  by  giving  them  a  larger  share  of  the  heir- 
looms and  personal  property  than  would  fall  to  their  lot  otherwise. 
This  compensation  by  no  means  equals  the  value  of  the  real  estate 
they  would  inherit  under  our  laws. 

(/)  In  the  event  of  the  death  of  either  spouse  before  the  property 
of  the  spouses  has  been  allotted  to  the  children,  the  living  spouse 
allots  the  property  to  the  children  at  the  proper  time.  In  this  allot- 
ment, the  brothers  of  the  dead  spouse  are  usually  called  in  consulta- 
tion. The  living  spouse  may  not  deviate  from  custom  in  allotting 
the  property  of  the  deceased.  All  the  property  of  both  the  spouses 
must  be  allotted  at  this  time.    None  may  be  held  back. 

55.  The  passing  of  property  to  other  relatives. — In  the  appor- 
tionment or  inheritance  of  property  in  which  blood  relatives  other 
than  sons  and  daughters  benefit,  two  general  principles  hold : 

(a)  Property  received  from  the  father  goes  to  the  father's 
family:  property  received  from  the  mother  goes  to  the  mother's 
family.  The  families  of  the  two  parents  coalesce  in,  and  are  identical 
in,  their  children  and  their  childrens'  descendants. 

(b)  So  near  as  may  be,  those  persons  inherit  who  would  have 
inherited  the  property  had  the  deceased  never  lived.  Tt  is  only  in 
the  case  of  the  childless  that  others  than  sons  and  daughters  have 
rights  in  the  property  left. 


52  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

If  the  deceased  were  unmarried,  his  property  goes  to  his  relatives 
in  the  following  order: 

(1)  To  his  brothers  and  sisters,  if  living.  To  the  brothers  and 
sisters  descended  from  one  parent,  passes  that  portion  of  the  property 
received  from  that  parent ;  to  the  brothers  and  sisters  descended  from 
the  other  parent,  that  portion  of  the  property  received  from  that 
parent. 

(2)  To  the  nephews  and  nieces,  the  offspring  of  the  brothers  and 
sisters,  or  to  their  descendants. 

(3)  To  the  cousins  in  order,  first  of  degree,  and  second  of  primo- 
geniture. 

If  the  deceased  were  married,  in  the  the  inheritance  of  his  prop- 
erty there  are  the  following  rules : 

(1)  The  living  spouse  inherits  the  sole  right  in,  and  possession 
of,  half  the  property  jointly  acquired  by  the  spouses  subsequent  to 
their  marriage.  It  is  not,  properly  speaking,  the  property  that  is 
inherited:    it  is  the  sole  right  in  what  was  a  joint  possession  before. 

(2)  That  half  of  the  property  jointly  acquired  by  the  spouses 
which  is  the  share  of  the  'deceased,  goes  to  his  heirs,  being  divided 
(if  his  heirs  be  not  his  brothers  and  sisters  or  their  descendants) 
equally  between  the  heirs  on  the  father's  side,  and  those  on  the 
mother's  side. 

(3)  The  property  that  the  deceased  brought  to  the  marriage  and 
that  which  he  acquired  subsequently  owing  to  and  by  virtue  of  his 
relationship  to  his  family,  goes  to  the  deceased's  family. 

Personal  property  acquired  by  the  deceased  and  his  spouse  is 
not,  however,  taken  from  the  surviving  spouse.  The  above  applies 
only  to  family  property. 

56.  Property  rights  of  bastards. — Bastards  usually  inherit  ap- 
proximately half  the  property  of  a  father  who  dies  without  legitimate 
children,  the  other  half  going  to  those  who  would  be  the  sole  heirs 
had  the  father  died  childless.  But  if  there  be  only  one  field,  the 
bastard  takes  it. 

Should  a  parent  have  only  one  legitimate  child,  the  bastard 
inherits  usually  as  if  he  were  a  yotolger  legitimate  child. 

A  bastard  is  entitled  to  a  rice  field  from  his  father  if  the  father 
has  a  rice  field  that  is  unassigned  to  a  legitimate  child.  He  is  not 
entitled  to  any  special  value  of  fields,  and  as  a  rule,  receives  less 
than  his  legitimate  brothers  and  sisters  if  there  be  such. 

The  above  paragraphs  apply  equally  to  the  bastard's  right   in 


1919]  Barton :  Ifugao  Loir  53 

the  property  of  his  mother.  He  has,  however,  no  kin  to  enforce 
his  rights  against  his  mother.  Since  he  is  of  illegitimate  birth,  the 
kin  of  the  father  are  not  in  a  position  to  enforce  bis  rights  against 
her;  while  his  mother's  kin  would  not  take  issue  in  any  mallei'  for 
him  against  their  nearer  kin,  his  mother.  If  the  mother  marries 
after  the  birth  of  the  bastard,  she  usually  makes  a  settlement  on 
her  bastard  child  before  marrying.  Not  infrequently  he  who  marries 
a  woman  having  a  bastard  child  recognizes  that  child  as  his  own, 
and  even  assigns  him  a  portion  of  his  property.  The  following  are 
examples : 

Dulnuan  and  Ngahiu  of  Tupplak  carried  on  a  courtship,  after  the  Ifugao 
fashion,  in  the  agamang  (dormitory).  Ngahiu  became  pregnant;  but  Dulnuan 
refused  to  marry  her.  However,  and  notwithstanding  the  fact  that  he  knew 
tier  to  be  pregnant,  a  third  party,  Baliu,  married  Ngahiu.  From  what  motive 
lie  did  this  does  not  appear:  it  was  probable  that  he  gained  financially,  since 
Ngahiu  was  wealthier  than  he;  and  being  pregnant  as  she  was,  she  was  in  no 
position  to  stipulate  too  closely  as  to  the  property  of  the  one  who  might 
become  her  husband.  The  bastard  child,  notwithstanding  the  fact  that  there 
were  legitimate  half  brothers  and  sisters,  was  given  fields  by  (a)  his  mother; 
(b)  his  natural  father,  Dulnuan;   (c)  Baliu,  who  recognized  him  as  his  son. 

E,  a  Christianized  Ifugao  woman,  and  a  wife  who  had  borne  five  legitimate 
children  to  B,  her  husband,  was  indiscreet  in  her  relations  with  a  Spaniard. 
She  bore  a  mestizo  child.  B,  her  husband,  did  not  proceed  against  his  wife  and 
her  paramour  according  to  Ifugao  law  and  recognized  the  child  as  his  own. 
The  legitimate  children  except  one  having  died,  the  bastard  child  inherited 
from  his  mother  and  his  mother's  husband  as  if  he  had  been  of  legitimate  birth. 

There  is  a  Malay  proverb  which  is  used  to  describe  the  attitude  of 
the  husband  in  such  cases  as  the  above:  "Although  I  did  not  plant 
the  tree,  yet  it  grew  in  my  garden." 

The  amount  of  property  that  parents  settle  on  a  bastard  is  to  a 
great  extent  a  matter  of  caprice.  His  rights  to  any  property  what- 
ever, except  a  single  field  from  his  father,  are  decidedly  weaker 
than  those  of  children  of  legitimate  birth,  added  to  which  he  has 
not  the  right  in  any  case  to  so  great  a  portion  of  property. 

57.  Transfers  of  property  to  adopted  children. — Customs  relat- 
ing to  these  transfers  are  as  follows: 

(a)  An  adopted  child  related  to  only  one  of  the  spouses  may 
inherit  from  that  spouse  only. 

(b)  If  the  adopted  child  be  a  niece  or  nephew,  he  inherits  or 
has  assigned_hini  all  the  property  of  the  related  parent;  provided 
that  there  be  no  brothers  or  sisters  of  the  related  parent  except  the 
adopted  child's  own  blood  parents.  If  there  be  other  brothers  and 
sisters,   and   if  these  brothers  and  sisters  agree  to  help  stand   the 


54 


University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 


funeral  expenses  of  the  adopting  brother  or  sister,  a  small  part  of 
the  property  is  given  them.  But  the  adopted  child  inherits  the 
greater  part  of  the  property. 

(c)  If  the  adopted  child  be  the  son  or  daughter  of  a  cousin,  there 
is  assigned  him,  or  he  inherits  all  the  property  that  his  parents  would 
inherit  in  case  of  the  death  of  the  related  parent,  and  a  portion  in 
addition.  Should  the  parents  not  be  in  the  position  of  being  likely 
to  become  heirs  to  the  related  adopting  parent,  the  adopted  child 
inherits,  or  has  assigned  him,  only  a  minor  portion  of  the  estate. 
If  there  be  no  brothers  and  sisters  of  the  parent  by  adoption,  he 
may  have  assigned  him  the  greater  portion  of  the  estate,  however. 

(d)  If  the  adopted  child  be  not  related  by  blood  to  either  of  the 
parents  by  adoption,  he  inherits,  or  has  assigned  him,  a  small  por- 
tion of  the  estate  of  both  adopting  parents.  The  kin  of  these  parents 
take  the  lion's  share  of  the  estate. 

(e)  If  the  adopted  child  marry  a  kinsman  of  the  unrelated 
adopting  parent,  the  unrelated  parent  usually  settles  on  the  spouse 
of  the  adopted  child,  an  amount  of  property  about  equal  to  that 
settled  on  the  adopted  child  by  his  kinsman,  his  other  adopting 
parent,  subject,  however,  to  the  four  rules  above. 

(/)  It  is  optional  with  the  blood  parents  of  an  adopted  child  to 
settle  no  property  on  him,  in  case  the  parents  by  adoption  provide  for 
him  in  this  respect. 

The  above  settlements  are  customary.  They  can  hardly  be  said 
to  be  rights,  however.  Often  when  a  child  is  adopted,  his  blood  parents 
stipulate  with  those  who  adopt  as  to  the  property  settlement  that  will 
be  made  on  the  child. 

58.  Servants  and  slaves  as  inheritors. — Retainers  have  no  rights 
whatever  as  to  the  property  of  their  masters.  Frequently,  however,  a 
small  field  is  settled  on  them. 

59.  Wills  and  testaments. — There  are  no  wills  or  testaments  among 
the  Ifugaos.  If  a  man  desires  to  make  a  settlement  of  his  property 
that  is  out  of  the  ordinary,  he  must  do  it  before  he  dies.  Even  then 
he  would  have  to  get  the  family's  consent  to  the  unusual  features. 
Ifugao  parents  are  singularly  impartial  in  the  allotment  of  the  family 
property  to  their  children.  That  some  children  are  not  loved  more 
than  others  is  unbelievable ;  but  it  is  exceedingly  rare  that  any  child 
is  favored  above  another  in  property  settlements,  except  by  the  law 
of  primogeniture.  There  is  always  a  lot  of  talk  in  connection  with 
the  assignment  or  inheritance  of  family  property — in  the  matter  of 


1919 J  Barton:  Ifugao  Law  55 

talk  the  Ifugao  is  not  different  from  other  Malays.  But  it  is  not 
often  thai  permanent  ill  feeling  is  engendered  in  such  settlements.  The 
laws  of  the  descent  of  property  are,  as  has  been  said,  the  clearest  and 
most  concise  of  all  Ifugao  laws. 


SETTLEMENT  OF  DEBTS  OF  THE  AGED  AND  DECEASED 

60.  When  tht  debtor  has  children. — At  the  same  time  that  the 
wealth  of  the  family  is  apportioned  to  the  children,  account  is  taken 
of  the  debts  owed  by  the  family.  The  debts  may  or  may  not  be  indi- 
vidually apportioned  among  the  children.  If  the  eldest  child  inherits 
or  receives  any  property,  the  obligation  of  primogeniture  holds  as  to 
the  debts  •  that  is  to  say,  he  is  responsible  for  the  payment  of  a  greater 
proportion  of  them.  Otherwise  all  the  children  are  equally  responsible. 
There  are  many  cases  in  which  the  debts  that  are  handed  down  by  an 
Ifugao 's  parents  greatly  exceed  the  property  handed  down. 

Children  who  receive  no  family  property  are  not  responsible  for 
the  payment  of  the  debts  of  the  parents,  provided  there  be  a  child  or 
children  that  do  receive  family  property.  The  apportionment  of  the 
debts  of  the  deceased  must  be  in  proportion  to  the  amount  of  prop- 
erty received.  If  none  receive  family  property,  all  are  responsible 
for  payment. 

61.  When  the  debtor  is  childless  but  leaves  a  spouse. — A  spouse  is 
responsible  only  for  those  debts  incurred  in  behalf  of  the  couple's 
mutual  interests:  for  example,  debts  incurred  in  obtaining  animals 
for  sacrifice  in  case  of  sickness  of  the  children  of  the  couple,  or  for 
sacrifice  at  the  funeral  feasts  of  the  children,  or  for  the  purchase  of 
rice  fields  or  other  joint  possessions  of  the  spouses.  A  spouse  may 
not  be  held  for  debts  incurred  in  the  purchase  of  animals  for  sacrifice 
at  tli*-  funeral  feast  of  a  member  of  the  other's  family  (except  for  the 
pig  and  death  blanket  due  from  her  family  in  such  cases),  nor  for 
debts  incurred  in  paying  fines  or  indemnities  levied  as  a  result  of  the 
other's  misdoing.  A  spouse  may  not  even  be  held  for  debts  incurred 
in  providing  sacrifices  to  secure  the  recovery  of  her  husband  from 
sickness  (except  for  the  pig  due  as  stated  under  section  13;  however, 
this  pig  is  really  her  own  obligation). 

62.  Debts  for  which  the  kin  of  the  deceased  arc  held. — When  a 
debtor  dies  childless,  the  kin  who  inherit,  if  there  be  such,  must  pay 
debts  that  were  incurred  on  behalf  of  their  family.  They  are,  too, 
jointly  responsible  with  the  wife,  for  these  debts  incurred  on  behalf 


56  University  of  California  Publications  in  Am.  Arch,  and  Ethu.      [Vol.15 

of  the  debtor's  descendants.  If  there  be  nothing  inherited,  all  the  kin 
are  responsible  for  these  debts  in  proportion  to  nearness  of  the  kinship. 

It  is  a  matter  of  doubt  as  to  whether  a  man's  kin  or  his  spouse 
can  be  held  for  his  gambling  debts.  Such  debts  are  purely  personal, 
and  are  about  the  only  debts  that  an  Ifugao  contracts  in  his  own  selfish 
interest.  The  Ifugaos  did  not  gamble  heavily,  at  least  not  before  the 
coming  of  the  Spaniards;  since  their  coming,  custom  in  this  matter 
has  not  had  time  to  crystallize. 

63.  Attitude  toward  debts. — A  debt  is  a  sacred  thing  to  an  Ifugao. 
The  non-payment  of  a  debt  is  disgraceful.  The  non-collection  is  still 
more  disgraceful,  for  the  presumption  is  that  a  man  who  does  not 
collect  from  his  creditors  cannot  do  so.  If  he  cannot  collect  his  debts, 
it  must  be  because  he  is  a  coward.  In  the  babbling  that  prevails  about 
the  rice-wine  jar  when  tongues  are  loosened,  one  who  has  debts  long 
outstanding  that  other  men  would  collect,  hears  things  not  calculated  to 
tickle  his  pride. 


BORROWING  AND  LENDING 

To  a  far  greater  proportionate  extent  is  borrowing  and  lending 
carried  on  among  the  Ifugaos  than  in  our  own  country.  Almost  any 
event  that  carries  with  it  a  large  payment  or  expenditure  carries  with 
it  as  a  corollary  a  large  amount  of  borrowing.  The  things  usually 
borrowed  are  death  blankets,  animals  for  sacrifice,  and  rice. 

64.  'Lupe,  or  interest. — Interest  on  things  borrowed  is  exceedingly 
high.  But  where  borrower  and  lender  are  brothers,  no  interest  is 
charged ;  where  they  are  kin  of  somewhat  remoter  degree,  a  low  inter- 
est, as  a  rule,  is  charged.  In  any  case  a  special  agreement  may  be 
made  by  which  the  interest  is  not  as  high  as  usual.  It  may  be  stated 
as  a  general  principle  that  a  thing  borrowed  must  be  repaid  by  twice 
its  value  if  paid  soon — that  is  within  a  year  or  even  two  years.  But 
if  repayment  be  made  after  a  long  time,  three  perhaps,  four  times 
the  value  must  be  repaid.  The  Ifugao  does  not  hold  to  the  calendar 
very  severely  in  reckoning  interest.  But  where  full  interest  is  charged, 
the  rule  is  that  a  thing  borrowed  must  be  repaid  by  twice  its  value, 
even  if  it  be  paid  within  two  weeks.  Thus  rice  borrowed  two  weeks 
before  harvest  time  must  be  repaid  by  double  the  quantity  immediately 
after  harvest. 

65.  Patang,  or  interest  paid  in  advance. — This  is  the  Ifugao  form 
of  bank  discount.     It  is  interest  paid  in  advance  for  one  year.     On  a 


L919]  Barton:  Ifugao  Law  57 

earabao  (worth  usually  about  eighty  pesos)  this  amounts  to  thirty 
pesos  a  year.  At  the  end  of  the  year  if  the  earabao  be  not  paid  hack, 
the  patang  must  be  followed  by  a  second  payment  of  the  same  quantity, 
called  u nud,  "following,"  for  the  next  year.    If  it  be  intended  to  repay 

the  earabao  within  three  months,  the  interest  in  advance  is  ten  pesos, 
and  is  called  baloblad. 

66.  A  not  In  r  form  of  patang. — Somewhat  similar  is  the  fee  or  inter- 
est paid  to  the  owner  of  anything  seized  by  a  man  of  a  different  district 
or  village  to  cover  an  unpaid  indebtedness  owed  the  latter  by  a  neigh- 
bor or  co-villager  of  the  former.  It  is  the  amount  of  interest  usually 
paid  for  one  year;  but  there  is  no  unud  <v  further  payment,  since  it 
is  presumed  that  by  the  end  of  the  year  the  delinquent  neighbor  ought 
to  have  been  compelled  to  pay. 

Thus  A  of  one  village  owes  C  of  another  village  a  debt.  After  sev- 
eral fruitless  attempts  to  collect,  C  seizes  a  earabao  belonging  to  B, 
a  co-villager  of  A.  C  sends  a  go-between*to  pay  B  thirty  pesos,  telling 
him  of  A's  debt,  and  informing  him  that  he  niust  get  his  earabao  back 
from  A. 

GO-BETWEENS 

67.  The  go-between. — No  transaction  of  importance  of  any  sort 
between  persons  of  different  families  is  consummated  without  the  inter- 
vention of  a  middle  man,  or  go-between,  called  monbaga  (bespeaker) 
in  civil  transactions;  and  monkalun    (admonisher)  in  criminal  cases. 

Go-betweens  are  used  commonly  in  (a)  buying  and  selling  of  family 
property  of  whatever  kind  or  value  ;  ( b )  buying  and  selling  of  animals 
and  the  more  valuable  personal  property,  except  chickens,  and  in  some 
cases  pigs;  (c)  the  borrowing  of  money  or  other  wealth;  (d)  marriage 
proposals  and  the  negotiating  of  marriage  contracts;  (c)  collection  of 
debts  :  (/)  all  steps  connected  with  the  baled,  such  as  pawn  of  rice  fields, 
or  their  redemption  ;  (g)  demands  for  damages  to  property  or  persons ; 
(70  the  buying  back  of  heads  lost  in  war,  the  ransoming  of  the  kid- 
napped, or  the  making  of  peace. 

The  go-between  is  the  principal  witness  to  a  transaction.  For  his 
services  he  receives  pay  which  is  fixed  to  a  fair  degree  of  exactness 
for  a  particular  service.  This  pay  ranges  from  a  piece  of  meat  to  a 
fee  of  twenty  or  twenty-five  pesos. 

68.  Responsibility  of  go-betweens. — Go-betweens  are  responsible  to 
both  parties  to  a  transaction,  for  the  correct  rendering  of  tenders, 
offers,  and  payments.     Their  word  binds  only  themselves,  however — 


58  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

not  their  principals.  Go-betweens  are  not  agents  of  one  party  more 
than  another.  They  are  supposed  to  be  impartial,  and  interested  only 
in  consummating  the  transaction  involved  in  order  to  get  their  fee. 

Thus,  suppose  that  A  sends  B  as  a  go-between  to  sell  a  field  to  C, 
a  man  of  another  district.  B  finds  that  he  cannot  sell  the  field  for 
the  price  A  asked  for  it,  and,  anxious  to  consummate  a  sale  and  so 
collect  his  fee,  he  agrees  to  sell  the  field  to  C  for  a  lower  price  than 
that  asked  by  A. 

In  such  a  case  as  this,  B  is  responsible  to  C  in  case  A  refuses  to 
abide  by  C's  agreement  to  sell.     C  has  the  right  to  collect  damages. 

The  oriental  propensity  to  "squeeze"  is  proverbial.  It  is  con- 
doned in  law — one  might  almost  say  legitimized,  provided  it  be  not 
found  out.    Thus : 

A  sends  B  to  Nueva  Vizeaya  to  buy  a  carabao.  The  regular  commission  for 
this  service  is  ten  pesos,  the  agent  to  deliver  a  living  carabao  to  the  principal, 
and  to  be  responsible  for  the  value  if  the  carabao  die  on  the  route.  This,  the 
usual  agreement,  holds  between  them.  A  furnishes  B  with  eighty  pesos  with 
which  to  purchase  the  animal.  B  returns  with  the  animal,  representing  that 
he  paid  seventy  pesos  for  it,  when,  as  a  matter  of  fact,  he  paid  out  sixty  pesos, 
thus  gaining  ten  pesos  ' '  squeeze. ' ' 

If  A  finds  out  that  B  paid  only  sixty  pesos  for  the  carabao,  the  only  thing  he 
can  do  is  to  collect  the  ten  pesos  difference  between  what  A  paid  and  what  he 
said  he  paid.    He  cannot  assess  punitive  damages. 

68.  Conditions  relieving  a  go-between  of  responsibility. — An  act 
of  God  or  the  acts  of  a  public  enemy  relieve  a  go-between  or  an  agent 
from  responsibility.  Thus  an  agent  sent  to  purchase  an  animal  in 
baliwan  (the  stranger  country)  is  under  obligation  to  deliver  it  alive. 
But  if  it  be  struck  by  lightning,  or  if  the  carabao  be  taken  away  from 
him  by  enemies,  and  he  has  a  wound  to  bear  witness  that  he  offered 
due  resistance  to  them ;  or,  in  case  he  has  no  wound,  if  he  has  witnesses 
or  good  proof  of  the  fact  that  the  enemy  was  so  superior  in  force  as 
to  make  resistance  foolhardy,  he  cannot  be  held  for  payment  of  the 
animal. 

70.  Payment  due  those  who  find  the  body  of  one  dead  by  violence. 
— An  Ifugao  who  finds  the  body  of  one  dead  by  violence  or  drowning, 
and  not  an  inhabitant  of  the  same  district  as  himself,  must  perform 
a  general  welfare  feast  to  remove  the  liability  to  misfortune  that  is 
likely  to  result  from  such  an  incident.  Consequently,  he  is  entitled 
to  a  payment,  varying  from  one  to  ten  pesos,  according  to  the  rank 
of  the  dead  person.  If  there  be  more  than  one  who  encounter  the  dead 
body,  all  are  entitled  to  the  same  payment.  This  payment  is  called 
halat. 


1919]  Barton:  lfugao  Law  59  / 

CONTEACTS  FOR  THE  SALE  OF  PROPERTY 

71.  On  whom  binding. — Contracts  for  the  transfer  of  property  for 
consideration  are  binding  on  the  seller  only.  Rarely,  if  ever,  is  there 
a  payment  to  bind  the  bargain.  The  simple  promise  to  sell  is  suffi- 
cient to  constitute  a  contract  to  sell.  The  breaking  of  a  contract  to 
sell  renders  the  breaker  of  the  contract  liable  for  damages  only  in 
case  In  took  tin  iiiitiotin  in  making  the  contract. 

Damages  paid  for  the  breaking  of  a  contract  to  sell,  are  called 
hogop.  In  case  an  agreement  to  sell  a  rice  field  is  broken,  the  damages 
are  usually  one  large  pig  (fifteen  or  twenty  pesos).  In  the  case  of 
questions  of  this  sort  over  minor  property,  the  hogop  may  be  a  death 
blanket,  a  small  pig,  or  a  chicken. 

The  following  examples  will  serve  to  illustrate : 

A  sends  B  as  a  go-between  to  sell  a  rice  field.  B  first  contracts  to  sell  the 
field  to  C.  Later,  knowing  the  terms  of  the  sale  offered  by  A  to  be  very  advan- 
tageous, he  sells  the  field  to  a  kinsman  D. 

In  this  case  B  is  liable  for  the  hogop  to  C. 

In  the  above  case  B,  after  contracting  to  sell  the  field  to  C,  duly  reports  to 
A  that  C  has  accepted  the  terms  offered,  and  that  he  is  raising  the  amount 
required  for  the  first  payment;  that  he  will  go  again  by  agreement  with  C  to 
receive  this  first  payment  on  such  and  such  a  day.  A  sells  the  field  to  some- 
body else. 

In  this  case  A  is  liable  to  C  for  the  hogop,  and  to  B  for  his  fee  as  go-between. 

It  becomes  a  matter  of  common  knowledge  that  A  has  a  gold  neck-ornament 
for  sale.  C  agrees  to  purchase  at  the  stated  price  and  A  agrees  to  sell  to  him. 
A  sells  the  ornament  to  somebody  else. 

A  is  not  liable  for  the  hogop,  for  the  reason  that  C  made  the  first  advances. 

In  no  ease  can  one  who  makes  a  contract  to  buy  be  held  for  any 
payment  of  damages  for  breaking  his  contract. 

IRRIGATION   LAW 

72.  The  law  as  to  new  fields.— If  all  the  land  below  a  spring  or 
small  stream  located  on  ownerless  land,  be  common  land — that  is, 
land  without  an  owner — he  who  makes  the  first  rice  field  below  the 
source  of  the  water  supply  is  entitled  to  all  the  water  needed  for  his 
rice  field.  Another  man,  making  a  rice  field  between  the  field  of  the 
firsT  comer  and  the  source  of  the  water  supply,  may  not  use  the  spring 
or  stream  to  the  detriment  of  the  first  comer. 

But  should  a  man  make  a  field,  be  it  on  common  or  on  owned 
land,  below  a  spring  or  stream,  and  should  another  man  make  a  field 
between  the  first  field  ^nd  the  source  of  the  water  supply  on  owned 
land,  the  second  comer  would  have  the  right  to  whatever  water  might 
be  useful  to  him. 


60  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

73.  The  law  as  to  water. — Water  which  has  been  flowing  to  an 
area  of  irrigated  land  may  under  no  circumstances  he  diverted  to 
irrigate  a  different  area,  even  though  that  area  be  nearer  the  source 
of  the  water. 

A  person  who  acquires  rice  fields,  one  of  which  is  near  the  source 
of  the  water  supply  and  the  other  at  a  considerable  distance  from  it, 
may  not  pipe  or  trough  the  water  from  the  upper  field  to*  the  lower 
one  if  the  water  has  meantime  been  irrigating  an  intervening  area. 
Thus : 

Manghe  of  Ambabag,  having  a  field  near  Baay,  acquires  a  field  near  Amba- 
bag,  about  a  quarter  of  a  mile  upstream  from  the  first.  He  threatens  to  put  a 
line  of  troughs  from  one  field  to  another  so  as  to  supply  sufficient  water  to  the 
lower  field.  This  action  would  rob  intervening  fields  of  their  accustomed  water 
supply,  and  would  be  illegal. 

A  spring  belongs  to  him  on  whose  land  it  is  situated,  and  so  also 
does  alL  the  water  issuing  from  the  spring.  The  owner  may  sell  the 
surplus  water  to  whom  he  pleases.  The  water  rights  so  sold  are 
perpetual.    Thus : 

A  has  a  rice  field  in  which  there  is  a  spring.  He  sells  the  water  to  B,  whose 
field  is  to  one  side — perhaps  at  a  considerable  distance  from  A's.  C  has  a  field 
immediately  below  A's.  He  purchases  A's  field  and  unites  it  with  his  own. 
But  he  may  not  divert  the  water  from  A's  original  field  to  his  own  original 
field,  unless  he  buy  the  water  right  from  B. 

74.  The  law  as  to  irrigation  ditches. — Constructors  of  an  irrigation 
ditch  may  sell  interest  in  the  ditch.  The  ditch  thus  shared  with 
others  becomes  an  equal  burden  as  to  upkeep  on  all  the  owners. 

The  constructors  of  an  irrigation  ditch  who  have  sold  part  of  the 
water  from  their  ditch,  must  share  the  water  in  time  of  water  scarcity 
with  those  to  whom  they  have  sold,  in  proportion  to  the  respective 
areas  of  the  rice-  fields.  That  is,  every  owner  of  an  irrigation  ditch 
is  entitled  to  a  share  proportionate  to  the  area  of  his  rice  land,  of 
the  water  diverted  by  means  of  the  ditch. 

Repetition  of  the  malicious  destruction  of  an  irrigation  ditch,  or 
the  turning  of  the  water  from  it  or  out  of  it,  is  an  offense  punishable 
by  fine  or  even  in  some  cases  by  death.  The  first  offense,  when  the 
culprit  is  discovered,  is  not  punished ;  but  there  is  a  warning  against 
repetition. 

Diversion  of  water  from  an  irrigation  ditch  in  which  the  diverter 
has  no  interest  is  not  a  very  serious  offense.  On  the  first  offense  the 
diverter  is  warned.  If  he  repeats  it,  all  the  •water  is  drained  from 
his  field  or  he  is  given  a  beating. 


L919]  Barton :  Ifugao  Law  61 


PENAL  LAW 
PENALTIES 

The  Ifugaos  have  two  punishments  for  crime:  the  death  penalty 
and  fine.  These  punishments  are  inflicted  and  executed  by  the 
offended  person  and  his  kin. 

75.  Natun  and  reckoning  of  fines. — Fines  are  of  two  sorts:  fines 
of  "tens,"  bakid,  and  fines  of  "sixes,"  na-onom.  each  unit  of  the  ten 
or  six  being  a  portion  of  the  whole  fine.  The  different  parts  of  the 
fine  go  to  different  people.  Oftentimes  sticks,  knots,  or  notches  are 
used  to  assist  in  calculation.  In  Banaue  and  neighboring  districts 
these  aids  to  calculation  are  also  kept  as  a  record.  The  unit  payments 
grow  successively  smaller  from  the  first  to  the  last. 

The  first  unit  of  any  series  is  called  pu-u,  meaning  "base."  It 
is  of  the  greatest  value,  and  goes  to  the  injured  individual.  The 
second  payment,  sometimes,  goes  to  the  go-between.  In  that  case,  the 
kin  of  the  injured  man  take  all  the  rest.  If  the  :£e'e,  of  the  go-between 
be  provided  for  outside  of  the  fine,  the  kin  of  the  injured  man  take 
all  except  the  pu-u,  the  first  unit.  This  is  but  just,  since  they  have 
backed  their  kinsman  in  his  action  against  the  offender,  have  per- 
chance risked  their  lives  in  his  cause,  and  also  stand  ready  at  all 
times  .to  help  pay  any  fines  that  others  may  assess  against  him. 

The  second,  and  sometimes  the  third  and  fourth  units,  are  called 
haynub  di  pu-u,  meaning  "followers  of  the  base."  They  are  of  less 
value  than  the  pu-u.^Then  follow  units  consisting,  each,  of  four  irons 
(spear-heads,  axes,  knives).  These  units  are  called  natauwinan. 
Then  come  units  of  three  irons  each,  called  natuku ;  then  units  of  two 
irons  each,  called  nunbadi;  then  units  of  one  iron  each,  called  na-oha. 
In  the  case  of  fines  composed  of  six  units,  there  is  usually  no  haynub. 

The  Malay  does  nothing  without  first  thoroughly  talking  it  over. 
After  a  payment  has  been  tentatively  consented  to  by  the  offender 
and  his  family,  there  yet  remain  many  conferences  with  the  go-between 
before  everything  is  arranged.  An  uninitiated  white  man  on  seeing  a 
group  of  these  people,  squatted  in  a  circle,  moving  little  sticks  about, 
and  in  heated  discussion,  might  think  they  were  playing  some  primi- 
tive but  absorbing  native  game.  And,  I  am  not  sure  that  the  attitude 
of  their  minds  is  very  different ! 

The  following  tables  of  fines  assessed  for  the  four  degrees  of 
adultery  illustrate  the  manner  of  reckoning  fines,  their  amounts,  the 
value  of  the  units,  as  well  as  the  fines  proper  to  the  three  classes  of 
society  in  the  Kiangan  district. 


62 


University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 


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1919]  Barton:  Ifugao  Law 

CIRCUMSTANCES  WHICH   A.FEECT  PENALTY 
Certain  circumstances,  namely,  criminal  responsibility,  alienship, 
kinship,  confession,  and  the  relative  rank  of  offender  and  offended, 
affect  penalty,  either  as  to  its  severity  or  as  to  the  likelihood  of  its 
In  bag  inflicted  at  all. 

76.  Moral  turpitud(  not  a  factor. — Moral  turpitude,  which  plays 
no  small  part  in  our  own  law  in  determining-  punishment,  seems  not 
to  enter  into  the  consideration  of  Ifugao  law.  Thus,  such  crimes  as 
incest  between  brother  and  sister,  parricide,  matricide,  fratieide,  and 
treason  against  one's  family,  all  go  unpunished.  Even  the  betrayal 
of  a  co-villager  into  the  hands  of  the  enemy  subjects  the  offender  to 
only  a  third  degree  of  likelihood  of  being  punished  (see  sec.  80). 
These  crimes  probably  go  unpunished  in  accordance  with  the  follow- 
ing correlated  fundaments  of  Ifugao  society :  Legal  procedure  is  eon- 
ducted  by  and  between  families;  the  family  unit  is  the  most  precious 
thing  in  Ifugao  social  life;  family  unity  must,  at  all  hazards,  b<  pre- 
served. In  the  case  of  a  murder  accomprished  by  treachery,  as  for 
example,  the  killing  of  a  guest,  the  moral  turpitude  involved  might 
perhaps  hasten  punishment — it  might  even  increase  its  severity  in 
that  the  kin  of  the  murdered  person  might  retaliate  on  a  greater 
number  of  those  concerned  in  the  murder.  But  such  an  abuse  of 
hospitality  appears  never  to  have  occurred. 

Another  reason  why  what  we  consider  moral  turpitude  does  not 
enter  into  punishment  is  that  treachery,  ambush,  and  accomplishment 
by  superior  force  are  the  rule,  not  only  in  commission  of  crime,  but 
also  in  perfectly  legal  capital  executions  and  seizures  of  property. 

PENAL   RESPONSIBILITY 

As  between  principals  and  their  accomplices  and  accessories, 
Ifugao  law  recognizes  only  gradations  in  likelihood  of  punishment. 
The  penalty  is  the  same  for  all  of  them;  but  very  frequently  the 
offense  is  considered  as  having  been  expiated  by  the  punishment  of 
those  whose  responsibility  for  it  is  greatest,  and  the  rest  go  free. 

77.  The  nungolat,  <>r  principal. — The  nungolat  (he  who  A\as 
strong)  is  the  conceiver,  planner,  and  director  of  an  offense,  lb-  may 
or  may  not  take  an  active  part  in  its  commission.  Whether  or  not 
he  does  so,  he  is  considered  to  be  responsible  for  it  in  the  highest 
degree.  He  is,  of  all  who  take  part  in  the  offense,  the  most  likely  to 
be  punished. 


64  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

The  following  example,  continued  through  several  succeeding 
sections,  shows  the  various  degrees  of  criminal  responsibility,  and  the 
corresponding  degrees  of  likelihood  of  punishment : 

A  decides  to  avenge  the  death  of  a  kinsman.  He  consequently  calls  a 
number  of  his  kinsmen  and  proposes  a  war  expedition  to  take  the  head  of  Z, 
an  enemy  concerned  in  the  death  of  the  murdered  kinsman,  in  another  village. 
They  agree.  A  calls  the  family  priests  to  his  house  to  perform  the  necessary 
religious  preliminaries  to  setting  out  on  a  head-hunting  expedition.  The  cere- 
monies are  performed,  and  the  omen  of  the  bile  sac  promises  well.  But,  just 
before  starting,  some  accident  happens  to  A,  which  the  priests  attribute  to  the 
sorcery  of  the  enemy.  A  consequently  does  not  accompany  the  expedition. 
He  is,  notwithstanding,  the  nungolat,  and  is  more  likely  to  be  the  object  of 
vengeance  than  any  other,  should  the  crime  be  accomplished. 

78.  The  tombok,  or  "thrower." — In  offenses  in  which  a  spear  is 
thrown,  he  who  throws  the  effective  spear  is  called  the  tombok.  His 
responsibility  for  the  crime  is  second  to  that  of  the  nungolat,  as  is 
also  his  likelihood  of  being  punished. 

79.  Iba'n  di  nungolat,  the  "companions  of  the  one  who  was 
strong." — Those  who  assist  in  the  commission  of  "a  crime  by  reinforc- 
ing, accompanying,  assisting,  backing,  giving  aid*  and  comfort  to  the 
committer  thereof,  or  furnishing  ..anything  needful  to  the  consum- 
mation of  the  crime  incur  the  next  lesser  degree  of  criminal  responsi- 
bility and  of  likelihood  of  being  punished  to  those  of  the  conceiver  and 
committer  of  the  crime. 

80.  The  montuelol,  "shower,"  or  informer. — One  who  gives  a  per- 
son in  the  act  of  committing  a  crime  information  necessary  to  the 
successful  carrying  out  of  his  intent,  is  guilty  in  the  same  degree 
as  are  persons  of  the  preceding  paragraph. 

Thus,  continuing  the  illustration  started  above,  suppose  that  B,  C,  ~D,  E,  F. 
G,  H,  and  I  go  to  take  the  head  of  A's  enemy  and  theirs.  They  meet  O,  a  co- 
villager  of  Z,  the  man  whose  head  they  want  to  take,  and  ask  him  regarding 
Z's  whereabouts.  The  fact  could  not  be  otherwise  than  patent  to  O,  that  a 
head-hunting  party  was  addressing  him.  He  answers  truthfully  that  Z  is  in 
his  sweet-potato  field,  and  that  the  party  may  reach  the  field  by  such  and  such 
by-path  without  their  being  seen  by  Z  's  kin  or  co-villagers.  The  party  follows 
O's  directions.    B  spears  Z. 

B  is  the  tombok;  C,  D,  E,  F,  G,  H,  and  I  are  the  "companions  of  the  one 
who  was  strong,"  and  O  is  the  montudol. 

81.  Servants  trim  commit  crimes  at  the  bidding  of  their  masters. 
— Eetainers  incur  a  lesser  degree  of  criminal  responsibility  than  does 
the  master.  They  will  be  punished  if  the  master  cannot  be  punished. 
Sometimes  both  are  punished. 


L919  j  Barton  :   Ifugao  Law  65 

82.  Likelihood  of  punishment. — 

(Continuation  of  illustration  given  above.)  Z  's  kinsmen  of  course  decide 
to  avenge  his  death.  It  is  a  general  rule  that  all  debts  must  be  paid  with  liberal 
interest,  the  interest  being  at  least  equal  to  the  debt.  The  debl  of  life  is  no 
exception  to  this  rule.  The  kinsmen,  whom  we  will  call  Q,  E,  S,  T,  and  U, 
decide  that,  at  least,  they  will  kill  A,  the  nungolat,  and  B,  the  tombdk,  and  that 
it'  opportunity  offers  they  will  kill  one  or  two  of  the  others.  They  go  to  the 
vicinity  of  the  village  of  A  and  B  and  lie  in  wait  for  them.  They  may  do  this 
a  uumber  of  times.  Finally  we  will  suppose  that  they  lull  A.  Their  thirst  for 
blood  is  somewhat  appeased,  and  they  may  not  pursue  their  first  intention.  But 
it  would  be  the  part  of  wisdom  for  B  to  be  extremely  cautious.  Z 's  kinsmen 
are  likely  to  make  an  expedition  or  two  to  take  his  head. 

On  the  other  hand,  suppose  that  A  dies  a  natural  death  or  falls  in  some  other 
feud.     The  full  likelihood  of  punishment  now  falls  on  B. 

Suppose  that  B,  II,  and  0  walk  past  the  place  of  ambush  of  the  avengers. 
The  latter  will  try  to  make  sure  of  B,  but  will  also  try  to  kill  the  other  two. 

Suppose  that  B,  like  A,  meets  death  in  some  other  way  than  at  the  hands  of 
Z"s  avengers.     C,  D,  E,  F,  G,  H,  I,  and  O  are  now  equally  likely  to  be  punished. 

In  case  several  unsuccessful  expeditions  are  made  to  secure  the  head  of  A 
and  P..  the  avengers  are  likely  to  take  a  head  or  heads  from  some  of  the  others 
rather  than  continually  to  place  themselves  in  jeopardy  by  their  expeditions 
into  an  enemy  region.  Especially  is  this  true  if  the  enemy's  village  lie  distant. 
If  the  villages  be  near,  it  is  probable  that  C,  D,  E,  F,  G,  H,  I,  or  O  might  walk 
past  the  ambush  of  the  avengers  at  first  with  impunity,  since  the  avengers  are 
desirous  of  taking  the  heads  of  the  principals,  and  do  not  want  to  put  the 
principals  on  their  guard  by  slaying  those  whose  guilt  is  less. 

83.  Drunkenness  and  insanity  in  relation  to  criminal  responsibil- 
ity.— Except  in  the  case  of  murder,  drunkenness  mitigates  the  severity 
of  punishment,  provided  there  be  no  evidence  to  show  that  the  cul- 
prit became  intoxicated  with  the  intent  to  commit  the  crime,  and 
provided  he  sincerely  repents  on  becoming  sober.  Even  insanity  is 
not  an  alleviating  circumstance  in  the  ease  of  murder;  but  it  is  our  in 
all  other  crimes. 

84.  Tin  relation  of  intent  to  criminal  responsibility. — Gulad  or 
intent,  is  probably  the  greatest  single  factor  in  determining  penal 
responsibility.     Thus: 

A  deed  committed  without  intent,  and  without  carelessness,  is 
excused.  One  has  not,  usually,  even  to  make  restitution  for  the 
injury  done.  Thus,  in  the  case  of  a  bolo  flying  out  of  a  man's  hand, 
and  putting  out  the  eye  of  another,  no  damages  were  assessed.  An 
enormous  number  of  men,  every  year,  are  injured  in  the  free-for-all 
scrambles  over  sacrificed  earabaos.  Many  of  these  injuries  result  in 
stiff  joints:  some  of  them  in  deaths.  In  no  case.  no1  even  in  the  case 
of  death,  is  a  payment  demanded.  Suppose  thai  in  the  chase  a  num- 
ber of  hunters  have  surrounded  ;i   wild  boar.     The  boar  charges  one 


66  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

of  them.  This  man  leaps  backward,  and,  at  the  same  time,  draws 
back  his  spear  to  throw  it  at  the  boar.  In  so  doing,  he  stabs  a  com- 
panion behind  him  with  the  shod  end  of  the  spear  handle.  This  is 
not  an  uncommon  accident.  The  others  of  the  party  are  witnesses 
that  the  killing  was  purely  accidental  (naloktat).  No  fine  is  assessed  ; 
but  the  killer,  to  show  that  he  is  sorry,  usually  assists  in  the  funeral 
feast.  Of  course,  if  there  were  no  witnesses,  and  if  there  were  a 
possible  motive  to  complicate  matters,  the  ending  of  the  case  might 
not  be  so  happy. 

Suppose  that  a  number  of  men  are  throwing  at  a  target  with  their 
spears.  A  child  runs  in  the  way,  and  is  killed.  One-half  the  usual 
fine  for  manslaughter  is  assessed  on  the  ground  that  the  thrower  was 
careless  in  that  he  did  not  make  sure  before  he  threw  the  spear  that 
such  an  accident  could  not  occur.  In  this  case  there  was  an  absence 
of  intent ;  but  carelessness  was  present. 

A  man  kills  a  neighbor  at  night,  acting  under  the  impression  that 
he  is  killing  an  enemy  seeking  his  life.  He  is  subjected  to  a  much 
heavier  fine  than  if  he  had  killed  him  through  carelessness,  since  there 
is  present  both  the  intent  to  kill,  although  not  criminal,  and  careless- 
ness in  that  he  did  not  make  sure  at  whom  he  was  casting  his  spear.13 

OTHER  FACTORS  AFFECTING  LIABILITY 

85.  Alienship. — If  the  culprit  be  of  a  foreign  village,  the  fact  that 
he  is  a  foreigner  is  a  strong  aggravating  circumstance.  If  found  in 
delicto,  he  is  almost  sure  to  be  killed,  in  cases  of  theft  or  the  more 
serious  crimes.  In  such  crimes  as  insult,  the  same  fine  might  be 
demanded  of  the  foreigner  as  of  a  co-villager,  but  not  so  much  effort 
would  be  made  to  arrange  matters  peaceably.  If  the  fine  demanded 
be  not  paid  and  paid  quickly,  a  kidnapping  would  ensue,  or  the  cul- 
prit would  be  killed.  A  man  committing  a  minor  crime  in  a  foreign 
village  if  not  killed  would  be  caught,  tied,  and  held  prisoner  until 
redeemed. 

86.  Confession. — Confession  before  steps  have  been  taken  to  inflict 
punishment  alleviates  to  a  considerable  degree  except  in  murder  and 
adultery.  In  the  latter  case,  if  the  adulterer  made  a  voluntary  con- 
fession of  guilt  to  the  offended  spouse,  without  having  been  confronted 
with  the  evidence,  it  would  be  taken  as  brazen  boasting,  and  of  the 
nature  of  an  insult. 


is  In  one  ease,  to  be  hereafter  considered,  the  absence  of  both  intent  and 
carelessness  do  not  excuse   (see  sec.  105). 


l!Mi>|  Barton:  Ifugao  Law  67 

87.  Kinship—  Kinship  is  so  strong  a  mitigating  circumstance  as 
often  to  excuse  crime  altogether.  It  has  already  been  stated  thai 
crimes  of  one  brother  or  sister  against  another  are  not  punished. 
Inasmuch  as  all  procedure  is  conducted  by  and  between  families,  and 
since  the  family  of  the  two  brothers  is  identical,  procedure  in  such 
cases  is  impossible.  In  the  ease  of  relatives  of  remoter  degree,  kin- 
ship is  a  strong  extenuating  circumstance  in  the  event  of  the  more 
serious  crimes.  In  minor  crimes,  while  the  usual  amount  of  the  fine 
might  be  demanded,  it  would  very  frequently  not  be  collected;  espe- 
cially, it'  the  offender  were  very  poor. 

It  has  previously  been  said  that  the  family  is  the  only  organization, 
political  or  social,  that  the  Ifugao  has,  and  that,  in  proportion  as  it  is 
precious  and  necessary  to  him,  he  cherishes  it ;  that  Ifugao  law,  conse- 
quently looks  with  the  greatest  disfavor  upon  anything  that  would 
divide  a  family  or  destroy  its  unity. 

In  case  a  man  steals  from  his  cousin,  who  is  married,  restitution 
is  usually  demanded,  together  with  half  the  usual  fine,  which  half 
goes  to  the  cousin's  spouse — not  to  himself.  Insults  on  the  part  of 
one  cousin  to  another  are  rare  and  are  more  rarely  prosecuted. 

88.  Rank  and  standing  in  the  community. — This  is  probably  the 
greatest  single  factor  in  determining  the  severity  of  punishment  in 
cases  where  a  crime  is  punishable  by  fine.  But  the  aggressiveness  and 
the  war  footing  of  the  two  parties  to  the  controversy  enter  even  here 
to  an  astounding  degree. 

In  the  Kiangan-Maggok  area,  there  are  three  grades  of  fines — the 
highest  for  the  punishment  of  crimes  of  one  kadangyang  or  rich  man, 
against  another ;  a  medium  grade  for  crimes  of  persons  of  the  tumok, 
or  middle  class,  against  each  other ;  and  a  third  and  lowest  grade  for 
the  nawatwat,  the  poverty  stricken.14  Each  lower  grade  of  fine  is  a 
little  more  than  half  the  next  higher  one. 

In  the  Kababuyan  area,  there  are  five  grades  of  fines — one  for  the 
very  rich,  one  for  the  fairly  rich,  one  for  the  middle  class,  one  for 
the  poor,  one  for  the  poverty  stricken.  In  Sapao  and  in  Asin,  there 
are  four  grades. 

So  long  as  both  offender  and  offended  are  of  the  same  class,  there 
is  no  trouble  about  determining  the  fine  proper  in  a  given  case.  But 
when  they  are  of  different  classes,  the  case  is  not  so  simple,  and  the 
factors  of  fighting  strength  and  personality  enter. 


i* Kadangyang :  an  upper-class  person.  In  most  parts  of  [fugao  persons  must 
give  expensive  feasts  to  attain  this  rank.  Tumok:  persons  who  have  enough 
rice  to  last  them  throughout  the  year,  but  who  do  not  soil  rice.  Nawatwat: 
persons  who  are  poverty  stricken. 


68  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

Suppose  that  E,  a  rich  man,  commits  adultery  against  P,  a  poor  man.  P 
sends  a  go-between  to  demand  the  highest  grade  of  fine  for  this  crime — that  is, 
the  grade  which  kadangyang  pay.  R  does  not  deny  the  crime,  but  states  that 
he  considers  the  payment  of  the  fine  that  is  due  one  rich  man  from  another 
preposterous.  He  states  that  he  is  willing  to  pay  the  fine  proper  to  the  poorer 
class.  To  this  P  replies  that  he  did  not  begin  this  action  for  the  purpose  of 
getting  money,  but  for  the  purpose  of  so  punishing  R  as  to  make  a  repetition 
of  the  crime  improbable.     There  are  three  possible  endings  in  such  a  case: 

(a)  P's  kin  represent  to  him  that  they  cannot  afford  to  have  war  with  R; 
that  R's  people  hold  a  lot  of  debts  over  their  heads;  that  should  R  prove 
obdurate,  and  should  the  affair  end  in  a  lance  throwing,  R's  people  would  wipe 
them  off  the  earth.  They  advise  P  to  be  satisfied  with  the  lowest  grade  of  fine. 
He  agrees. 

(b)  P  and  R  compromise  on  the  grade  of  fine  that  is  midway  between  their 
stations;  that  is,  the  fine  of  the  middle  class.  In  Kiangan  this  is  the  usual 
settlement. 

(c)  P  shows  such  bun  got  (wrath  and  ferocity)  that  R's  kin  advise  him  to 
pay  the  larger  fine.  They  point  out  that  the  fine  is  a  small  matter  as  compared 
with  the  loss  of  life,  and  state  that  there  is  no  telling  what  this  poverty-stricken 
but  rampant  dog  will  do.  This  settlement  is  not  uncommon  in  the  Kiangan 
area,  where  the  poor  people  have  a  great  deal  of  pride  and  bravery,  but  rare 
in  other  parts  of  Ifugao. 

Aside  from  other  matters,  the  diplomacy  and  tact  of  the  go-between  would 
have  a  great  deal  to  do  toward  determining  which  of  these  contingencies  would 
result. 

It  is  extremely  hard  to  make  a  general  statement  as  to  fines  when 
offender  and  offended  are  of  different  classes.  It  may  safely  be  said 
that  the  fines  assessed  average  the  amount  midway  between  the  fines 
proper  to  the  two  classes  concerned.  Thus,  when  a  poor  man  offends 
a  rich  man,  and  when  a  rich  man  offends  a  poor  man,  the  average  of 
the  fines  assessed  equals  approximately  the  fine  assessed  for  injuries 
within  the  middle  class.  In  questions  in  which  rich  and  middle  class 
persons  are  involved,  the  fines  approximate  an  amount  half  way 
between  the  fines  of  the  rich  and  of  the  middle  classes. 

89.  Importance  of  influential  position  and  personality. — The  fact 
has  already  been  mentioned  (see  sec.  4)  that  Ifugao  administration  of 
justice  is  remarkably  personal  in  nature.  We  have  just  seen,  in  the 
example  given  in  section  88,  to  what  an  extent  personality  and  war- 
footing  enter  into  the  infliction  of  fines  when  offender  and  offended 
are  of  different  classes.  Nowhere  can  a  man  of  magnetism  and  force 
reap  greater  benefit  from  these  qualities,  relatively  speaking,  than  in 
an  Ifugao  controversy.  The  fact  stares  us  in  the  face  in  every  phase 
of  Ifugao  lawr,  especially  in  procedure. 

89a.  Cripples  and  unfortunates. — Cripples  and  those  afflicted  by 
disfigurements  or  disfiguring  diseases  are  often  in  a  desperate  mood 
for  the  reason  that  life  is  not  at  all  precious  to  them.    They  are  likely 


L919]  Barton:  Ifngao  Laiv  (59 

to  be  erratic  and  to  constitute  exceptions  in  punishmenl  of  crimes  and 
procedure.  I  remember  a  rase  thai  happened  in  Baay  District  a  few 
years  ago  which  illustrates  to  what  extenl  determination  and  absolute 
abandon  to  a  single  purpose  are  valuable  in  carrying  a  point  in  Ifugao 
procedure.  I  did  not  make  note  of  the  names  but  shall  designate 
the  rich  man  as  R  and  the  poor  man  as  P.  P  was  afflicted  with  the 
disease  hiphip — probably  ichthyosis — a  skin  disease  in  which  the  skin 
becomes  white,  rough,  and  scaly.  R  met  P  one  day  and  sneered  at 
ldm.  saying,  "Although  yon  have  neither  fields,  gongs,  nor  jewelry,  I 
see  that  you  have  become  a  Jcadcmgyang,  for  you  are  wearing  a  white 
coat"  (referring  to  the  skin  disease).  P  became  violently  angry  hut 
restrained  himself  from  assaulting  R.  He  calmly  informed  R  that 
for  this  insult  he  fined  him  a  large  and  valuable  field,  R's  property  in 
Dayukong;  that  life  meant  little  to  himself,  and  that  if  R  resisted  and 
interfered  with  his  taking  possession  of  the  field,  he  would  certainly 
kill  him.  P  further  stated  that  he  knew  that  R's  kin  would  retaliate 
and  that  he  would  lose  his  own  life  but  that  he  did  not  care  since  he 
was  miserable  anyway.  None  of  the  women  would  deign  him  their 
favors  and  being  poor — well,  what  was  the  use  of  living!  P  carried 
his  point  and  maintains  possession  of  the  field  to  this  day.  Having  the 
field,  he  managed  to  get  a  wife,  who,  although  homely,  has  borne  him 
two  or  three  children  who  are  not  afflicted  with  his  disease. 

Another  case  in  point  is  the  following:  Piklud,  a  fairly  wealthy 
man  of  Kurug,  was  paralyzed  from  the  knees  down  and  in  his  locomo- 
tion he  had  to  crawl  on  all  fours.  He  loaned  a  neighbor  a  chicken. 
There  was  a  quarrel  over  the  repayment  of  this  which  left  ill  feeling 
between  the  two.  A  little  while  after  the  quarrel,  the  neighbor  met 
Piklud  crawling  along  the  path  through  the  village,  and  called  to  him 
as  to  a  dog,  4iDoa!  doa  !  de-cle-de!"  Piklud  pretended  not  to  notice 
and  even  feigned  amiability.  He  gossiped  a  little  about  the  drought 
which  was  parching  the  rice  fields.  Finally  he  said,  "Let  me  see  your 
spear."  He  felt  the  edge  and  then  with  the  words,  "It  is  pretty 
sharp,  isn't  it?"  he  thrust  it  upward  into  the  other's  abdomen. 

THE   PETXCIPAL    CRIMES    AND    THEIR    FEEQUENCY 

90.  List  of  offenses. — In  the  Kiangan-Nagakaran-Maggok  area,  the 
principal  crimes,  in  order  of  their  probable  frequency,  are :  sorcery ; 
adultery;  theft  ;  murder  (or  in  the  case  of  women  and  children,  kid- 
napping) ;  the  putting  of  an  innocent  person  in  the  position  of  being 
considered  an  accessory  to  crime ;  manslaughter ;  rape  of  a  married 
woman;  arson:  incest.  Minor  crimes  are:  insult  ;  slander:  false  accu- 
sation ;  rape  of  a  girl. 


70  University  of  California  Publications  in  Am.  Arch,  and  Etlxn.      [Vol.  15 


SOECEEY 

91.  The  ctyak  (soul-stealing)  is  a  series  of  religious  ceremonies  in 
which  the  sorcerer  calls  to  a  feast  the  ancestral  spirits  of  some  man 
whose  death  he  desires  to  encompass,  together  with  many  maleficent 
spirits  and  deities,  and  bribes  them  to  bring  to  him,  incarnated  as 
a  blue-bottle  fly,  a  dragon  fly,  or  a  bee,  the  soul  of  the  man  whose 
death  he  desires.  When  one  of  the  insects  mentioned  comes  to  drink 
of  the  rice  wine  in  front  of  the  sorcerer,  it  is  imprisoned  and  put  into 
a  bamboo  joint  tightly  corked.  The  enemy,  being  thus  deprived  of 
his  soul,  will  die. 

This  form  of  sorcery  cannot  be  practiced  unless  the  sorcerer  knows 
the  names  of  the  ancestral  spirits  of  his  victim-to-be.  For  this  reason, 
when  the  Lamot  people,  who  are  famous  sorcerers,  come  to  Kiangan 
and  approach  a  religious  feast,  the  Kiangan  people  do  not  invoke  their 
ancestral  spirits  until  after  the  visitors  have  gone.  Needless  to  say, 
sorcery  is  always  practiced  in  secret.  It  sometimes  happens  that  it 
is  practiced  by  a  man  against  his  kin.  In  such  a  case,  kinship  does 
not  extenuate  his  punishment,  since  the  preservation  of  the  family 
necessitates  the  extirpation  of  the  sorcerer  within  its  gates.  This 
is  the  only  exception  I  know  of  to  the  general  rule  that  a  family  may 
not  proceed  against  one  of  its  members. 

92.  Other  forms  of  sorcery. — Certain  persons  have  an  evil  "cut" 
of  the  eye,  which,  whether  they  wish  it  or  not,  brings  misfortune  or 
sickness  on  whomsoever  or  whatsoever  they  see.  Injury  by  means  of 
the  "evil  eye"  may  be  effected  intentionally  or  entirely  uninten- 
tionally. 

The  words  of  certain  persons  even  though  innocent  and  uncon- 
nected with  evil,  and  though  spoken  as  they  usually  are  without 
malicious  intent,  have  the  quality  of  bringing  whatever  is  spoken 
to  an  evil  end. 

Thus  A,  afflicted  with  the  "blasting  word,"  goes  to  the  house  of  B,  and, 
seeing  a  sow  with  a  litter  of  handsome  pigs,  remarks,  "That's  a  fine  litter  of 
pigs  you  have !  "  If  A  be  truly  afflicted  with  the  blasting  word,  the  pigs  will 
die,  even  though  A  was  without  intent  to  do  injury,  and  was  even  ignorant  of 
his  affliction. 

The  evil  eye  and  the  blasting  word  are  frequent  afflictions — afflic- 
tions that  their  possessor  is  the  last  to  learn  about.  They  may  be 
cured  by  the  possessor's  offering  sacrifices  of  the  proper  sort.  In  the 
event  of  injury  unintentionally  being  done  by  evil  eye  or  blasting 
word,  no  punishment  is  meted  out,  although  in  some  cases  restitution 
is  demanded. 


Barton  :  Ifugao  haw 


Curses  are  of  two  kinds:  directly  by  word,  and  indirectly  by 
curses  Laid  on  food,  drink,  or  betels.  Kiangan  people  are  afraid  to 
purchase  rice  from  the  Lamot  people  to  the  south  of  them  through 
fear  of  being  affected  by  curses  that  may  have  been  laid  on  the  rice. 

93.  Punishment  of  swcen/.— Sorcerers  are  not  punished  hyster- 
ically. To  Ids  credit,  it  must  be  said  that  the  Ifugao  proceeds  slowly 
in  condemning  a  person  for  this  crime.  Before  he  takes  action,  he 
demands  not  merely  strong  grounds  foe  suspicion,  but  proof  beyond  a 
reasonable  doubt  that  the  suspected  person  is  a  sorcerer.  Proof  that 
one  lias  performed  the  ayak  ceremony  against  a  person  is  sufficient 
ground  for  the  infliction  of  the  death  penalty.  But  in  the  ease  of 
the  evil  eye  and  the  blasting  word,  it  must  be  proved  that  the  death 
of  the  pigs,  the  betel  vine,  or  whatever  it  be  that  dies,  was  due  to  the 
glance  or  words  of  the  bewitched,  and  that  both  glance  and  words 
were  used  with  evil  intent.  This  would  obviously  be  hard  to  do;  but 
for  the  purpose  of  justifying  an  injured  person  in  killing  such  a 
sorcerer  or  bewitched  one,  a  record  of  previous  misdeeds  of  the  kind, 
and  a  general  conviction,  in  which  a  portion,  at  least,  of  the  man's 
kin  concurred,  that  the  suspect  was  a  malicious  sorcerer,  would 'be 
sufficient.  .     • 

A  curse,  by  one  who  has  no  reputation  for  supernatural  powers,  is 
punishable  by  the  following  fine : 


Kadaxgyang 

Middle  Class 

Nawatwat 

Hin-baMd    (One 

ten ) 

Hin-bakid    (One 

ten) 

Na-otiom    (Six) 

Pu-u     (2  death 

Pu-u    (death 

Vii-ii     (ilili)                 1*8.00 

blankets) 

1*16.00 

blanket) 

1*8.00 

Natauwinan               1-00 

Haynub  palyulc 

5.00 

TTaynub  palyulc 

5.00 

X  mil  ii  Lit                          .50 

Hay  nub  palyulc 

2.00 

II ininah  palyulc 

2.00 

Natuku                         -50 

Natauwinan 

1.00 

Natauwinan 

1.00 

Na-oha                        -20 

Natawvinan 

1.00 

Natauwinan 

1 .00 

I.iirn  comes  out  of 

Natauwinan 

1.00 

Natauwinan 

.50 

the    No-onom 

Natauwinan 

.50 

Nuntuku 

.50 

Nuntuku  (3  each 

)         .50 

X  a nl ill,  a 

.40 

Nuntuku 

.50 

Nunbadi 
Na-oha 

.40 
.20 

1*2  7.50 

Liwa  conies  out  o 

f 

I.iirn  or  foe  of 

the  Hin-baMd 

go-between  (  1 

death  blanket) 

f*8.00 

Total, 

1*35.50 

Total, 

1*19.00 

Total,  1*1 0.20 

A  curse  by  one  who  had  a  reputation  of  being  a  sorcerer  might 
possibly  lead  to  the  death  of  the  sorcerer  on  the  spot.  In  case  he  were 
not  killed,  and  the  person  or  tiling  cursed  died,  the  death  penalty 
would  be  inflicted  later. 

The  following  instances  will  be  of  value  as  illustrations.  Some  are 
recent,  others  historical: 


72  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

Before  the  coming  of  the  Spaniards,  Atiwan  of  Longa  acquired  a  reputation 
as  a  sorcerer.  He  killed  several  of  his  kinsmen  in  Baay.  Even  his  relatives  in 
Longa  admitted  that  he  was  a  sorcerer,  and  said  that  he  ought  to  be  killed. 
Ginnid  of  Baay  and  several  companions  went  to  Longa  one  night,  and  called  to 
Atiwan  that  they  had  come  to  see  him.  He  opened  the  house  and  put  down 
the  ladder.  The  party  ascended,  and  set  upon  Atiwan  with  their  war  knives- 
and  killed  him.  In  trying  to  protect  him,  his  wife,  Dinaon,  was  wounded.  The 
killing  was  universally  approved. 

Kimudwe  (alias  Dulnuan)  of  Tupplak  is  a  famous,  or  rather  an  infamous, 
sorcerer.  Owing  to  a  quarrel  with  one  of  his  nephews,  Butlong,  over  a  debt, 
he  performed  an  aydk  to  cause  the  latter 's  death.  Butlong  was  informed  of 
the  fact  by  one  who,  eavesdroppingbelow  Kimudwe 's  house,  heard  the  prayers 
and  incantations.  On  a  certain  day  on  which  there  was  a  feast  in  Ambabag, 
to  which  Kimudwe  was  nearly  certain  to  come,  Butlong  waylaid  him,  firing  a 
rifle  at  him  from  cover  near  Ambabag.  His  marksmanship  was  atrocious. 
Before  he  could  reload  women  rushed  out  from  the  village  and  covered 
Kimudwe  with  their  bodies,  interceding,  and  stating  that  there  was  not  sufficient 
certainty  that  Kimudwe  was  guilty  to  justify  his  nephew  in  killing  him.  (This 
occurred  in  the  interval  between  Spanish  and  American  rule.) 

Kimudwe  is  reputed  to  have  killed  by  means  of  sorcery  several  of  his  kins- 
men. Becently  a  child  died  in  Tupplak  whose  death  was  attributed  to  him. 
He  killed,  it  is  said,  the  son  of  Bahni,  another  of  his  nephews.  Bahni  sent 
Dulinayan  of  Ambabag  as  a  go-between  to  Kimudwe  to  challenge  him  to  an 
ordeal,  saying  that  he  had  no  intention  of  killing  him,  even  if  guilty,  owing  to 
the  peculiar  prejudice  of  the  Americans  against  such  doings,  but  for  his  own 
satisfaction  he  wanted  to  know  if  Kimudwe  were  the  sorcerer.  He  stated  that  in 
case  Kimudwe  won  in  the  ordeal,  he  (Bahni)  would  pay  a  fine  of  a  gold  bead  for 
having  accused  him  falsely.  This  was  an  unusually  large  fine.  Kimudwe 
refused,  or  rather  evaded,  saying:  "If  I  am  a  sorcerer,  it  is  a  case  of  the  entire 
family,  including  Bahni,  being  guilty."  In  other  words,  he  took  refuge  behind 
the  Ifugao  doctrine  of  collective  responsibility  (see  sec.  4). 

In  cases  of  strong  suspicion,  a  supposed  sorcerer  was  often  openly 
accused  and  challenged  to  an  ordeal.  The  ordeal  was  usually  more 
in  the  nature  of  a  duel,  the  two  exchanging  spears  at  twenty  steps" 
(20  meters)  distance.  If  the  ordeal  showed  the  suspect  guilty,  he 
was  killed  if  he  stayed  in  the  region.  He  was  not,  however,  killed 
on  the  field  of  duel — unless  killed  in  the  duel  or  ordeal  itself — because 
such  an  execution  might  precipitate  a  battle  with  this  kin. 


ADULTERY 
94.  Forms  of  adultery. — In  its  unaggravated  form,  adultery  is 
called  luktap.  Luktap  signifies  sexual  intercourse  between  a  spouse 
and  some  person  pthpy  than  tbp  miP  tn  whmn  hp  (or  she)  be  married, 
uncomplicated  by  insults  and  scandalous  behavior  flaunted  in  thp  fane 
of  the  injured  spouse.  The  intention  to  abandon  the  spouse  is  either 
not  present,  or  is  concealed. 


1919]  Barton:  Ifugao  Law  73 

The  aggravated  form  of  adultery  is  called  Jmkwil.  It  consi s t s 
of  openly  and  scandalously  bestowing  one's  love  and  body  upon  some 
other  person  than  the  spouse:  of  insulting  the  injured  spouse:  or  of 
repeatedly,  while  living  under  the  same  roof  with  the  spouse,  meeting 
the  third  person  and  having  sexual  intercourse.  The  intention  is 
present  of  separating  (or  effecting  a  separation)  from  the  injured 
spouse.     The  following  is  an  illustration : 

Maxima,  a  girl  of  Umbul,  was  married  to  Ananayo  of  Pindungan.  But 
Ananayo  had  not  yet  reached  the  age  of  puberty,  while  Maxima  herself  had 
reached  that  aye.  Sergeant  Doniinong,  of  the  constabulary  company  at  Kinngan, 
began  paying  attentions  to  Maxima,  while  Maxima  was  living  in  the  house  of 
Ananayo 's  father.  During  the  season  of  watching  the  rice  fields  against  theft 
of  water  these  two  continually  cohabited,  the  sergeant  going  to  where  Maxima 
was  watching  the  fields  at  night.  Ananayo  attaining  the  age  of  puberty  in 
the  meantime,  Maxima  refused  to  have  anything  to  do  with  him.  Both  Maxima 
and  Doniinong  were  guilty  of  hokwit  in  this  case.  Maxima's  conduct  was  con- 
Bidered  especially  reprehensible,  since  she  was  a  binawit  in  the  house  of  Ananayo  's 
father  (see  sec  14). 

95.  Punishment  of  adultery. — In  both  luktap  and  hoi- wit,  the 
offending  spouse  and  the  lover  (or  mistress)  are  equally  guilty.  Each 
is  equally  liable  to  punishment.  However,  the  offended  spouse  may, 
if  he  chooses,  forgive  the  offending  spouse  without  forgiving""1he 
partner  in  crime.  This  frequently  happens.  A  wife  is  more  likely 
to  forgive  than  is  a  husband. 

The  adulterer  when  taken  in  delicto  is  sometimes  punished  by 
death.  The  offended  spouse  is  justified  by  public  opinion  in  adminis- 
tering this  punishment  to  a  considerably  greater  degree  than  our  laws 
in  the  United  States  would  justify  him.  Several  stories  are  told  of 
persons  caught  in  the  commission  of  this  crime  who  were  impaled  by 
a  single  spear  thrust,  fit  should  be  stated  that  the  kin  of  those  killed 
for  this  crime  rarely  look  upon  the  killing  as  justified,  and  often  avenge 
it.  They  take  the  stand  that  the  offended  spouse  ought  to  have 
demanded  the  usual  fine:  that  if  this  had  not  been  immediately  forth- 
coming, no  one  would  have  questioned  the  propriety  of  the  killing. 
On  the  other  hand,  the  kin  of  the  offended  spouse  taKo  tne  ground, 
and  it  may  be  said  that  in  general  public  opinion  backs  them  in  it, 
that  a  self-respecting  man  could  not  well  do  otherwise  than  kill  "the 
offender,  «"']  that  +^  ^"l'^»g  "&  '""1  ilmn^ing  money  would  savor 
too  much  of  the  mercenary. 

It  is  to  be  noted  that  a  sexual  offense  committed  after  the  mommon 
ceremony  is  punished  by  a  small  fine;  that  an  offense  committed  after 


74  University  of  California  Publications  in  Am.  Arch,  and  Etlin.      [Vol.15 

the  imbango  or  Jiingot  ceremonies  is  punished  by  a  larger  fine,  and 
that  an  offense  committed  after  the  bubun  ceremony  is  punished  by 
what  to  the  Ifugao  is  a  very  large  fine.  These  fines  are  diagramed 
Ifugao  fashion  in  sec.  75.  Hokivit,  aggravated  adultery,  is  punished 
by  twice  the  greatest  fine  demanded  in  the  case  of  simple  adultery, 
luktap. 

Adultery  being  a  very  hard  crime  to  prove,  the  Ifugao  takes  as 
proof:  (1)  the  confession  of  either  party;  (2)  evidence  that  the 
accused  wilfully  and  intentionally  placed  themselves  in  such  a  posi- 
tion or  circumstances  that  the  crime  would  be  presumed  by  any 
reasonable  person  to  have  been  consummated.  Thus,  the  sleeping  of 
the  accused  together  at  night  in  the  absence  of  the  spouse  would  be 
sufficient  evidence. 

Both  offenders  must  pay  the  fine  demanded  by  the  circumstances 
to  the  offended  party  or  parties.  Thus,  if  both  the  offenders  be  mar- 
ried, each  must  pay  a  fine  to  (a)  his  own  offended  spouse,  and  (b) 
to  the  offended  spouse  of  the  partner  in  the  crime.  The  pu-u  of  the 
fine  goes  to  the  offended  spouse — the  rest  to  the  kin  of  the  offended 
spouse.  In  addition  to  paying  the  fine,  should  the  offender  desire 
to  continue  the  marriage  relation  with  his  offended  spouse,  he  must" 
provide  animals  and  other  perquisites  for  a  honga  (general  welfare 
feast)  in  which  the  kin  of  both  parties  take  part,  and  which  is  sup- 
posed  to  start  the  spouses  anew  m  domestic  ha'1'iuuii.y  and  felicity, 
and  in  all  that  the  Ifugao  considers  prosperity,  namely,  abundance 
of  pigs,  chickens,  rice,  and  children. 

96.  Sex  in  relation  to  punishment  for  adultery. — Although  the 
punishment  for  adultery  is  the  same  for  either  sex,  the  likelihood  of 
the  adulterer's  being  punished  is  much  greater  if  the  offender  be  a 
woman  than  if  he  be  a  man.  This  is  for  the  reason  that  men  are  more 
jealous  than  women  and  less  attached  to  their  spouses,  usually.  A 
great  deal  of  adultery  on  the  part  of  men  goes  unpunished.  Most 
women  would  rather  not  hear  about  the  peccadillos  of  their  husbands. 
They  do  not  want  to  take  action  unless  it  be  forced  upon  them.  But 
once  the  matter  is  brought  to  their  "official  attention,"  they  have  to 
take  action  in  order  to  "save  face."  Women  sometimes  tell  their 
husbands  "It  would  be  all  right  for  you  to  have  a  mistress  if  you 
could  only  do  so  without  my  hearing  of  it."  And  when  they  learn 
of  some  such  offense  on  the  part  of  their  husbands,  they  sometimes 
upbraid  them,  saying:  "Oh,  why  didn't  you  do  this  thing  in  such  a 
way  that  I  would  not  hear  of  it  ? " 


L919  |  Barton  :  Ifugao  Law  75 

The  husband,  on  the  other  hand,  usually  punishes,  and  often 
divorces  his  offending  wife. 

Once  an  offense  is  known,  it  must  be  acted  on.  Otherwise,  the 
offended  spouse  is  considered  to  be  lacking  in  self  respect.  And 
indeed  I  believe  that  the  insult  involved  in  adultery  is  more  serious 
than  any  other  phase  of  the  crime.  The  Malay's  "face"  is  exceed- 
ingly deal-  to  him. 

THE  TAKING  OF  LIFE 

97.  General  considerations. — It  is  extremely  difficult  to  unravel 
the  law,  if  there  be  a  law,  with  respect  to  murder,  executions,  and 
war.  The  Ifugao  has  no  tribunals  to  sentence,  and  no  government  to 
execute.  He  makes  no  declarations  of  war.  Doubtless  no  two  nations 
or  tribes  of  the  world  ever  engaged  in  a  warfare  in  which  each  did 
not  consider  the  other  the  aggressor,  or  at  least,  the  offender.  The  same 
is  true  with  respect  to  feuds  between  families,  which  were  almost  as 
numerous  as  the  families  themselves.  In  spite  of  the  years  of 
American  occupation  during  which  comparative  peace  has  prevailed, 
these  feuds  still  exist.  We  must  substitute,  however,  for  patriotism, 
fraternal  and  filial  love ;  the  sense  of  duty  to  the  unavenged  dead,  love 
of  vengeance,  and  intense  hatred  engendered  and  justified  by  a  well 
learned  catalogue  of  wrongs  and  assassinations  inflicted  on  the  family 
by  the  enemy  family.  Once  started,  a  blood  feud  was  well  nigh 
eternal  (unless  ended  by  a  fusion  of  the  families  by  means  of  mar- 
riage), for  the  reason  that  what  was  a  righteous  execution  to  one 
family  was  a  murder  (usually  treacherous)  to  the  other. 

Outside  of  manslaughter,  to  be  treated  of  later,  it  may  be  stated  as 
a  general  tenet  of  Ifugao  practice  that  the  taking  of  a  life  must  be 
paid  by  a  life.  Considering,  too,  that  a  member  of  an  Ifugao  family 
rarely  if  ever  effected  or  accomplished  any  except  the  most  ordinary 
and  elemental  acts  without  previous  consultation  with  his  family,  and 
that  nearly  all  killings  were  effected  pursuant  to  a  decision  of  a  family 
council,  it  was  not  without  a  fair  show  of  reason  that  Ifugao  law  held 
that  a  murder  might  be  punished  almost  as  well  by  the  execution  of 
some  member  of  the  murderer's  family  as  by  the  execution  of  the 
murderer  himself.  For,  if  not  principals  in  the  commission  of  the 
crime,  other  members  of  the  family  were  at  least  accomplices  or 
accessories.  Indeed  Tfugao  law  held  the  whole  family  guilty,  looking 
upon  the  crime,  quite  correctly,  as  an  offense  for  which  the  whole 
family  was  responsible. 


76  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

War,  murder,  and  the  death  penalty  exacted  in  execution  of  jus- 
tice, in  the  Ifugao's  society  are  so  near  each  other  as  to  be  almost 
synonymous  terms.  We  have  already  seen  that  a  capital  execution 
for  crime  is  nearly  always  looked  upon  by  the  kin  of  the  executed  as 
being  a  murder;  it  is  retaliated  by  them,  by  what  to  them  is  a  jus- 
tifiable execution;  but  by  what,  to  the  killers,  is  considered  as  a 
murder  to  be  punished  by  another  execution,  and  so  on  ad  infinitum. 

The  Ifugao  has  one  general  law,  which  with  a  few  notable  excep- 
tions he  applies  to  killings,  be  they  killings  in  war,  murders,  or  execu- 
tions, which  public  opinion  would  pronounce  justifiable  and  legal. 
\That  law  is :   Alife  must  be  paid  by  a  life.    Let  us  pass  now  to  a  con- 
sideration of  various  classes  of  the  takings  of  human  life. 

98.  Executions  justifiable  by  Ifugao  law. — Public  opinion  or  cus- 
tom, or  both,  justify  the  taking  of  a  life  in  punishment  for  the  follow- 
ing crimes:  sorcery;  murder;  persistent  and  wilful  refusal  to  pay 
a  debt  when  there  is  the  ability  to  pay;  adultery  discovered  in 
flagrante;  theft  by  one  of  a  foreign  district;  refusal  to  pay  a  fine 
assessed  for  crime  or  for  injury  suffered.  But  even  though  custom 
and  public  opinion  justify  the  administration  of  the  extreme  penalty 
in  these  cases,  the  kin  of  the  murdered  man  do  not,  in  most  cases,  con- 
sider the  killing  justified.  There  are  innumerable  circumstances  that 
complicate  a  given  case.  Was  the  sorcery  proven  or  only  suspected? 
Was  it  a  murder  that  the  man  committed ;  or  was  he  justified  in  the 
killing?  Would  not  the  debtor  have  come  to  his  right  mind  had 
his  creditor  waited  a  little  longer ;  and  did  the  creditor  approach  him 
in  the  right  way  with  reference  to  the  debt?  Did  not  the  woman 
make  advances  in  the  adultery  case  that  no  ^ejjzrespecting  male  couki 
turn  down.'  Was  not  the  indemnity  assessed  too  large  or  otherwise 
improper ;  or  did  the  injured  party  wait  long  enough  for  the  payment  ? 
These  and  a  thousand  other  questions  may  arise  with  respect  to  the 
various  cases. 

If  the  death  penalty  be  inflicted  by  persons  of  a  foreign  district, 
it  is  sure  to  be  looked  upon  as  a  murder. 
/  At  feasts  and  gatherings  about  the  "bowl  that  cheers"  and  espe- 
cially in  drunken  brawls,  an  unavenged  killing,  no  matter  what  the 
circumstances,  is  likely  to  be  brought  up  as  a  reflection  upon  the 
bravery  or  manhood  of  the  living  kin,  and  so  urge  them  to  the  aveng- 
ing of  what  was  really  a  justified  execution. 

Murder,  sorcery,  and  a  refusal  to  pay  the  fine  for  adultery  justify 
/  the  infliction  of  the  death  penalty  even  on  a  kinsman  if  he  is  not  too 


1919  j  Barton  :  Tfugao  Law  77 

close  a  relative.  An  execution  of  one  kinsman  by  another  is  not  so 
likely  to  be  avenged  as  is  justifiable  execution  by  one  outside  the 
family.  This  is  in  accordance  with  the  principle  of  [fugao  law: 
Tin  family  must  at  all  hazards  l><  preserved. 

99.  Ft  uds. — A  feud  is  a  series  of  takings  of  human  life  as  venge- 
ance, in  which  the  heads  may  or  may  no1  be  taken.  There  are  some 
hundreds  of  ways  in  which  feuds  may  start.  As  a  rule  they  begin  with 
a  taking  of  life  that  is  not  justified  in  the  eyes  of  the  kin  of  him  whose 
life  was  taken.  They  may  begin  from  a  retaliation  for  a  kidnapping 
or  even  from  an  accidental  killing.  Feuds  exist  between  neighboring 
districts,  or  districts  not  far  distant  between  which  to  a  certain  extent 
ties  of  blood  and  marriage  exist.  It  is  exceedingly  rare — if  it  ever 
occurs — that  entire  villages  or  districts  are  involved.  The  feud  is  an 
affair  between  families  only.  It  consists  of  a  series  of  vengeances 
and  ''returning  of  vengeances."  Feuds  may  even  start  within  the 
district:  but  as  a  rule,  they  are  short  lived,  being  stopped  by  the 
counsel  of  the  influential.  Feuds  between  districts  are  well  nigh 
interminable  usually,  but  may  come  to  an  end  by  means  of  intermar- 
riage or  when  one  or  two  of  the  leaders  of  each  family  are  afflicted  by 
certain  diseases15  thought  to  be  inflicted  by  certain  deities  that  desire 
the  peace  ceremony.  As  has  been  hitherto  stated,  each  killing  in  a 
feud  is  considered  by  the  killers  to  be  an  entirely  justifiable  execution 
in  punishment  of  crime.  The  deities  ^of  war  and  justice  are  called  to 
witness  that  the  debt  is  not  yet  paid.  Contemporaneously,  the  kin  of 
the  slain  are  calling  on  the  same  deities  to  witness  that  their  family  is 
sorely  afflicted;  that  no  debt  was  owed  the  others;  that  no  chickens 
or  pigs,  or  rice  had  been  borrowed;  that  no  theft  or  other  crime  had 
been  committed,  and  so  on;  yet,  that  innocent,  they  are  being 
slaughtered. 

100.  117//-. — Before  the  American  occupation,  districts  that  were 
far  distant  might  be  said  to  be  continually  at  war  with  each  other. 
Tie'  war  was  carried  on  as  a  series  of  head-takings.  There  was  no 
formal  declaration  of  war.  As  a  rule  there  were  no  large  expeditions 
to  the  enemy  country,  and  heads  were  taken  from  ambush,  on  the  out- 
skirts of  an  enemy  village  or  along  much  traveled  paths.  Women's 
heads  were  taken  in  these  exploits;  hut   not  as  a   rule,  in  feuds.     To 

e  lives  taken  in  war,  while  no  doubt   the  life  of  the  actual  head 
taker  was  preferable,  the  life  of  any  person  of  the  enemy  village  mighl 
be  taken;  just  as  in  feuds,  the  life  of  any  member  of  the  enemy  family 
might  be  taken. 


is  Tuberculosis  and  persistenl  cough  (see  sec.  141). 


78  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

101.  Head-taking. — Heads  were  not  taken  in  the  case  of  executions 
for  injury.  In  feuds  within  a  district,  heads  were  not  taken.  In  feuds 
between  families  of  different  districts,  heads  might  or  might  not  be 
taken.  Usually  they  were  taken  if  there  were  no  ties  of  kinship 
between  the  districts.  It  should  be  emphasized,  however,  that  there 
was  no  definite  boundary  between  districts,  and  consequently,  no  well- 
defined  line  beyond  which  heads  might  be  taken.  Families  from  the 
southern  part  of  a  district  would  take  heads  in  territory  from  which 
those  in  the  northern  part  of  the  district  would  not  take  them.  Heads 
were  always  taken  in  the  case  of  those  killed  in  war,  if  circumstances 
permitted. 

102.  Hibul  or  homicide. — The  Ifugao  law  clearly  recognizes  several 
grades  of  homicide. 

(a)  The  taking  of  life  when  there  is  an  entire  absence  of  both  intent  and 
carelessness.  As  for  example,  in  the  case  already  cited  (see  sec.  84),  when  a 
party  of  hunters  have  a  wild  boar  at  bay.  The  boar,  as  there  stated,  charges 
the  most  advanced  of  the  hunters,  and  in  retreating  backwards,  the  latter  jabs 
one  of  his  companions  with  the  shod  point  of  his  spear  handle.  There  is  no 
penalty  for  such  a  taking  of  life. 

(6)  The  taking  of  life  when  there  is  clearly  an  absence  of  intent,  but  a 
degree  of  carelessness.  For  example,  a  number  of  men  are  throwing  spears 
at  a  mark.  A  child  runs  in  the  way,  and  is  killed.  The  penalty  is  a  fine  vary- 
ing from  one-third  to  two-thirds  the  amount  of  the  full  fine  for  homicide 
according  to  the  degree  of  carelessness. 

(c)  Intentional  taking  of  the  life  of  another,  under  the  impression  that  he 
is  an  enemy  when  in  reality  he  is  a  co-villager  or  a  companion.  In  case  the 
killer  can  make  the  family  of  the  slain  understand  the  circumstances,  only  a 
fine  is  assessed.  This  fine  is  called  labod.  (See  sec.  106.)  If  the  killer  be 
unrelated  to  the  slain,  the  full  amount  of  the  labod  is  demanded;  if  related, 
the  amount  is  usually  lessened. 

Example:  Dumauwat  of  Baay  was  irrigating  his  fields  at  night.  Some  of 
his  companions  told  him  that  there  were  some  head-hunters  from  an  enemy 
village  near.  In  the  darkness,  Dumauwat  encountered  another  man,  Likyayu, 
the  betrothed  of  his  daughter.  He  asked  him  who  was  there.  On  account  of 
the  noise  of  water  falling  from  the  rice  fields,  Likyayu  did  not  hear  the  inquiry, 
and  said  nothing.  Dumauwat  speared  him.  Likyayu  cried  out.  Dumauwat 
recognized  his  voice,  and  carried  him  home.  He  furnished  animals  for  sacrifice 
to  secure  Likyayu 's  recovery.  Likyayu  recovered.  Had  he  died,  Dumauwat 
would  have  been  called  on  for  the  full  amount  of  the  fine;  but  had  Likyayu 
been  firmly  engaged  to  Dumauwat 's  daughter,  that  is,  had  the  bango  ceremony 
been  performed  the  full  amount  of  the  labod  fine  would  not  have  been  demanded, 
since  the  relationship  would  have  been  an  extenuating  circumstance. 

'(d)  The  taking  of  life  by  persons  in  a  brawl  or  by  an  intoxicated  or  insane 
person.  In  case  the  slain  died  before  his  slayer  could  agree  to  provide  animals 
for  sacrifice,  the  latter  would  probably  be  killed  by  the  kin  of  the  slain  if  he 
were  of  a  foreign  district.  He  might  be  killed  if  a  non-related  co-villager.  He 
would  be  fined  the  labod  if  a  kinsman.  He  would  probably  go  scot  free  if  a 
brother  or  uncle. 


1919]  Barton:  Ifugao  Law  79 

Example:  A  of  Longa  became  insanely  drunk  at  a  feast  at  the  house  of  his 
brother  Gimbungan.  Ee  attempted  to  embrace  the  comely  daughter  of  Gim- 
bungan,  his  niece.  Gimbungan  tried  to  quiet  him,  and  in  so  doing  aroused  his 
ire.     He  drew  back  his  spear  menacingly,  and  in  so  doing  pierced  the  girl — 

who  was  at  his  back — with  the  shod  point  at  the  end.  She  died.  A  was 
properly  penitent  when  he  sobered,  and  furnished  animals  for  sacrifice.  The 
fine  labod  was  not,  however,  demanded  of  him.  This  was  about  thirty-five  or 
forty  years  ago.  Considerable  feeling  exists  between  the  two  branches  of  the 
family  to  this  day,  owing  to  this  occurrence. 

The  burden  rests  upon  the  slayer  in  the  above  cases  to  show  that 
the  killing  was  accidental  or  that  he  was  so  drunk  as  to  have  utterly 
lost  his  reason.  The  absence  of  a  motive  is  a  great  help  to  him  in  this. 
If  he  has  ever  had  a  serious  altercation  with  the  slain,  in  the  absence  of 
controverting  evidence,  the  presumption  is  likely  to  be  that  the  killing 
was  intentional,  and  that  he  has  been  "feigning  friendship  in  order  to 
kill  by  ugd  (treachery)." 

103.  Attt  nipt*  to  msmlt  r. — An  attempt  on  the  part  of  an  enemy  of 
another  district  on  the  life  of  a  person  is  punishable  by  death.  An 
attempt  by  one  of  the  same  district  may  or  may  not  be  punished  by 
death ;  in  most  cases  peace  would  be  arranged  by  mutual  friends  and 
kinsmen.  In  such  a  case,  he  who  made  the  attempt  would  be  required 
to  furnish  animals  for  a  peace  feast. 

101.  Wounding. — Wounds  inflicted  accidentally  and  without  intent 
or  carelessness  are  not  punished.  In  case  the  element  of  intent  or  care- 
lessness be  present,  he  who  inflicts  the  wounds  must  furnish  animals 
for  sacrifice,  pay  the  wounded  man  and  his  kin  a  fine,  and  stand  the 
expense  of  a  feast  to  make  peace.  The  following  is  a  typical  list,  for 
the  kadangyang  (wealthy)  class,  of  the  expenses  of  animals  for  sac- 
rifice and  fine : 

(a)  First  feast  for  the  recovery  of  the  wounded  man,  sacrifices  to  the  war 
deities:    :i  pigs  at  15  pesos;  10  chickens  at  1   peso;  total  55  pesos. 

(b)  Second  feast  for  recovery,  the  pinochla,  or  feast  to  cure  wounds  and 
infections:  1  pig  at  10  pesos;  2  chickens  at  1  peso;  8  spear  heads  as  fees  of 
priests  at  25c;  total  14  pesos. 

In  case  the  wounded  man  lives,  the  following  fine  is  paid  him  and 
his  kin  : 

(c)  Fine  of  two  bdkid  (two  tens)   amounting  to   72   pesos;   fee  of  thi 
Jcalun,  10  pesos;  total  82  pesos. 

(f/)  Peace-making  ceremony:  1  pig  at  15  pesos;  other  appurtenances  of  feast, 
2  pesos;  total  17  pesos. 

10.").  Special  liability  of  thi  givers  of  c<vtain  feasts.— The  givers  of 
uyauwe  or  hagabi  feasts   (glorified  general   welfare   basts  to  which 


80  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

great  numbers  of  people  come)  are  responsible  for  wounds  or  deaths 
that  occur  at  these  feasts.  When  a  man  decides  to  initiate  himself  and 
his  wife  into  the  ranks  of  the  kadangyang  by  giving  one  of  these  feasts, 
he  appoints  one  of  the  old  priests  of  his  family  to  perform  the  tikman 
ceremonies.  These  ceremonies  are  sacrifices  to  the  various  classes  of 
deities  whose  special  function  is  the  "tying  up"  of  men's  stomachs 
and  passions.  Prayers  are  addressed  to  these  deities  that  a  little  food 
satisfy  the  guest  that  attends  the  feast,  to  the  end  that  the  giver  be 
not  eaten  out  of  house  and  home;  that  a  little  rice  wine  suffice  to 
intoxicate  the  people ;  that  the  passions  of  men  be  tied  up  to  the  end 
that  no  quarrels  or  frays  occur ;  that  no  rice-wine  jars  or  gongs  be 
broken;  that  no  accidents  occur — in  short,  that  the  whole  feast  pass 
off  smoothly.  The  duties  of  the  manikam  (the  priest  who  performs 
these  ceremonies)  are  rather  arduous.  To  say  nothing  of  the  cere- 
monies he  conducts,  he  must  fast  for  a  number  of  days  and  must  ob- 
serve a  number  of  taboos.  He  receives  rather  a  large  fee  for  these 
services.  And,  indeed,  their  importance,  in  the  eyes  of  the  Ifugaos, 
and  the  legal  responsibility  he  incurs,  certainly  justify  a  large  fee. 

The  manikam  priests  are  jointly  responsible  with  the  giver  of  the 
feast  for  accidents  or  violence  that  may  occur.  This  liability  of  the 
giver  of  the  feast  for  wounds  or  loss  of  life  is  based  on  the  supposition 
that  if  he  had  not  given  the  feast  the  wound  would  not  have  occurred ; 
and  possibly  that  he  gave  the  feast  with  the  motive  of  bringing  about 
such  an  occurrence.  The  liability  of  the  manikam  is  based  on  the 
supposition  that  there  must  have  been  a  remissness  on  his  part  in  his 
religious  duties,  else  the  accident  or  loss  would  never  have  occurred. 
The  following  is  an  actual  instance  that  would  indicate  that  this 
provision  of  the  law  is  an  incipient  employer's  liability  provision. 

Malingan  of  Pindungan,  many  years  ago,  gathered  together  his  kin  and 
friends,  performed  the  preliminary  feasts,  and  went  to  Payauan  to  make  a 
hagabi  (lounging  bench,  the  insignium  of  the  kadangyang  class).  They  made  a 
very  large  hagabi  that  weighed  nearly  a  ton.  In  helping  to  carry  it  across  the 
river  two  men  were  carried  downstream  by  the  current  and  drowned.  Demand 
was  made  on  Malingan  and  the  manikam  of  the  feast  for  the  labod  fine  (see 
sec.  106).  It  was  paid,  and  that  is  the  reason  Malingan 's  descendants  are  not 
wealthier  today,  for  formerly  Malingan  was  one  of  the  wealthiest  men  of  the 
district. 

It  should  be  stated  that  brawls  and  accidents  are  much  more 
common  in  feasts  of  this  character  given  in  parts  of  Ifugao  other  than 
the  Kiangan-Nagakaran-Maggok  area.  This  is  due  to  the  fact  that 
in  the  area  named  above  only  relatives  and  persons  invited  by  relatives 


1919] 


Barton  :  Ifiu/ao  Law 


si 


attend,  while  in  other  regions  the  event  is  not  so  exclusive.  There 
is  the  further  consideration  that  in  tins  area,  on  the  night  before  the 
general  drink-fest  begins,  an  old  man  makes  a  speech  in  which  he 
tries  to  put  the  crowd  assembled  in  a  good  humor,  and  in  which  he 
warns  each  and  every  one  to  seize  and  hold  any  person  who  begins 
to  disgrace  hospitality  by  unseemly  brawling. 

106.  The  labod.  fine  assessed  for  homicide. — This  tine  is  paid  to 
the  family  of  the  slain.  For  the  kadangyang,  or  wealthy  class,  the 
full  fine  consists  of  ten  portions  or  divisions,  totaling  975  pesos  in  the 
case  tabulated  below.  These  divisions  may  be  briefly  described  as 
follows : 


The  Labod  Fine 

1.  Outlay  for  a  famfira  (general  wel-  The   Jwnga   .g  performed   by   the 

laie  least).                           ^on  nn  man's  kin  as  a  means  of  preventing 

(1)  carabao  1*80.00  fhe  recim.ence  of  sueh  misfortunes  in 

W   6  P1^8  ou"uu  the  family.     The   animals  are  sacri- 

Total  1*140.00  fictd  t0  ail  the  deities- 

H.   Dangale     (sacrifices     at     funeral 

,,  J e*st) :    ,  &1  an  nA  The  animals  of  this  part  of  the  fine 

1     2  carabaos  W2n2S  are  killed  at  the  funeral  feast  of  the 

(2)  5  pigs  80.00  s]aiu_ 

Total  1*240.00 

3.  Gagaom   (funeral  shrouds):  The  clouts  are  to  tie  the  (lend  man 
(1)'  8  death  blankets  1*64.00             in    the    death    chair:    one   about   the 

(2)  4  clouts  4.00  chest;  one  about  the  head;  one  about 

(3)  1  ceremonial  clout  ... .         1.00  the  shoulders;  and  one  to  tie  on  the 

head  and  beak  of  the  hornbill  worn 

Total  1*69.00  as  a  mark  of  rank.     The  ceremonial 

clout   is   worn   on   the   breech   of  the 
corpse. 

The  corpse  is  wrapped  and  entombed 
in  the  eight  death  blankets. 

4.  Habalap     (hangings     at     funeral 

feast) : 

(1)  2    death    blankets    as 

fee  of  the  monkalun    1*16.00  The  nine  cheap  blankets  are  dis- 

(2)  9    maginlotan     (cheap  tributed    among    the    man's    kin. 

death  blankets)  36.00 

Total  1*52.00 

5.  Mata-nti    (his  eyes): 

(1)  1  gold  neck-ornament 

for  left  eye  1*80.00 

(2)  1  gold  neck-ornament 

for  right  eye  80.00 

Total  1*160.00 


82  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

6.  Putu-na  (his  belly):  Articles  listed  under  numbers  5  to  9 
(1)    1    pango     (string    of                            inclusive,  go  to  the  dead  man's  heirs 

beads)  1*120.00  and  kin. 

7.  Puhu-na  (his  heart) : 

(1)    1     guling     (rice-wine 

jar,  small)   1*80.00 

8.  TJbuna-na  (his  seat) : 

(1)   1  gong  1*80.00 

9.  Nunlidludagan  (his  place  to  lie): 
(1)   2  death  blankets  P16.00 

10.  Hidit   (peace-making) : 

(1)   1  pig  and  other  essen-  For  making  peace  with  the  family 

tials  of  feast  1*18.00  of  the  slain. 


Total    1*314.00 

The  rank  of  the  slain  has  something  to  do  with  the  amount  of  the 
labod.  The  amounts  given  above  are  those  that  would  be  collected  in 
the  case  of  the  killing  of  a  Kiangan  man  of  the  kadangijang  class.  If 
the  slain  were  a  middle  class  or  poor  man  the  amounts  would  not  be 
so  great.16  If  the  slayer  were  a  middle  class,  or  poor  man,  the  amounts 
above  might  be  lessened  somewhat,  but  not  very  much.  If  the  slayer 
be  unable  to  pay,  he  is  saddled  with  the  rest  as  a  debt.  If  he  cannot 
pay  the  debt  during  his  lifetime,  his  children  must  pay  it. 

107.  Accidental  killing  of  animals. — The  accidental  killing  of  an 
animal  is  not  a  crime.  Sometimes  even  the  value  of  the  animal  is  not 
demanded  or  accepted  if  tendered. 

If  a  dog  runs  out  threatening  to  bite  a  passer-by,  and  the  latter 
kills  it,  he  is  required  to  pay  the  value  of  the  dog.  If  a  dog  bites  a 
passer-by,  the  latter  may  kill  the  dog  and  need  not  pay  a  fine.  If 
the  dog  bites  him,  and  he  does  not  kill  it,  he  may  demand  a  payment 
from  the  owner.  It  was  a  provision  of  primitive  Roman  law  that 
"If  an  injury  were  done  by  a  slave,  the  person  injured  had  the  right 
to  exact  vengeance  against  the  slave  personally,  thus  injuring  the 
master 's  property ;  and  the  master  or  owner  was  consequently  allowed 
to  prevent  this  vengeance  by  making  compensation  for  the  injury 
done."17 

Should  a  pig,  at  that  period  of  the  year  when  rice  is  stacked  below 
the  granary  to  dry  out,  enter  through  the  fence  and  eat  of  the  rice,  it 
may  be  killed  by  the  owner  of  the  granary ;  but  he  must  give  the 
owner  another  pig  in  place  of  it.     Such  a  killing  is  not  considered 


io  Compare  the  practice  of  our  Saxon  forefathers  among  whom  the  ' '  life  of 
a  king 's  thane  was  worth  1200  shillings,  while  that  of  a  common  free  man  was 
valued  only  a  sixth  as  high, ' '  and  that  of  a  slave  at  only  his  property  valuation. 

17  E.  E.  Cherry,  The  Growth  of  Criminal  Law  in  Ancient  Communities  (London, 
1890).  Dr.  Cherry  shows  how  masters'  liability  for  injuries  done  by  their 
employees  has  arisen  from  this  principle  (pp.  4  ff.). 


1919]  Barton:  Ifugao  Law  v; 

malicious,  for  the  pig  was  spoiling  the  "miraculous  increase"  of  the 
year's  harvest. 

A  pig  that  enters  a  rice  field  and  eats  of  the  unharvested  rice  is 

usually  returned  to  the  owner  with  the  request  that  he  tie  the  pig  up. 
Should  it  again  enter  the  held,  the  damage  it  does  must  he  paid  for. 
Should  the  owner  refuse  to  pay  this  indemnity,  and  should  the  pig 
again  enter  the  held,  the  owner  of  the  field  would  he  likely  to  kill  the 
animal.  The  owner  of  the  pig  might  consider  such  a  killing  malicious 
and  improper.    Public  opinion  would  sustain  the  owner  of  the  held. 

108.  Malicious  killing  of  animals. — This  is  a  serious  crime.  Its 
seriousness  is  due  partly  to  the  fact  that  domestic  animals  are  to  a 
great  extent  considered  members  of  the  household  and  as  such  loved 
and  protected,  and  further  to  the  fact  that  the  intentional  and  mali- 
cious killing  of  such  a  member  of  a  household  would  have  a  tendency 
to  bring  a  like  fate  on  the  human  members  thereof,  owing  to  the 
mystic  power  and  force  of  analogy. 

A  labod  fine  is  demanded  for  the  malicious  killing  of  a  pig.  The 
fine,  in  case  a  wealthy  family  is  concerned,  is  as  follows: 

Labod  Fixe  for  Malicious  Killing  of  a  Pig 

1.  The  corpse  of  the  dead  pig  is  surrounded  by  living  pigs,  one  on  each  side, 
i.e.,  four  pigs  are  exacted  in  return. 

2.  Dangale  (see  sec.  106) :  1  carabao.  This  animal  is  simply  handed  over,  not 
killed  for  a  funeral  as  is  the  case  when  a  human  being  is  concerned. 

:;.  Gagaom  (see  sec.  106):  6  death  blankets;  1  bai/ao  (fancy  blanket);  1  tin- 
miir,    (ceremonial  clout);  4  clouts. 

4.  Habalag  (see  sec.  106) :    precisely  as  in  the  case  of  a  homicide. 

5.  Liica,  fee  of  the  morikalun,  or  go-between:    1  death  blanket, 

PUTTING  ANOTHER  IN  THE  POSITION  OF  AN  ACCOMPLICE 
109.  Tin  tokom,  or  fine  for  compromising  another. — He  who.  vol- 
untarily or  involuntarily,  puts  another  in  the  position  of  an  accom- 
plice, or  in  such  a  light  that  he  might  be  regarded  as  being  an  accom- 
plice in  the  commission  of  a  crime,  and  so  be  liable  to  punishment  as 
such,  must  pay  the  person  so  injured  a  tine,  called  tokom.  It  may 
almost  he  said  that  he  who  causes  another  person's  name  to  be  promi- 
nently mentioned  or  bandied  in  connection  with  a  crime  must  pay 
this  hue. 

The  following  are  instances  in  which  a  tokom  would  be  demanded  : 

\  of  another  district  comes  to  the  house  of  B,  and  is  received  by   B  as  a 

guest      While  he  is  going  home  and  while  he  is  in  the  outskirts  of  the  district 

he  is  speared   by  C,  a  neighbor  of  B's  or  a  resident  of  the  same  district.     B 

must  force  C  to  pay  a  toTcom. 


84  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

B  steals  or  illegally  confiscates  property  belonging  to  A.  C  sees  B  in  the 
act.  He  demands  a  tokom — in  this  case  it  may  be  the  bolo  or  spear  that  B  is 
carrying — and  so  puts  himself  "on  record"  as  not  having  been  an  accomplice. 
But  he  says  nothing  about  the  crime  unless  it  come  to  light  that  he  was  a 
witness  of  it.  In  this  case  he  proves  by  the  tokom  that  he  received  that  he 
had  no  connection  with  it.  As  a  matter  of  practice  it  would  seem  that  a  gift 
received  from  the  thief  would  tend  to  lead  the  witness  to  conceal  the  crime. 

A  gives  an  uyauive  feast.  At  the  attendant  drink  feast  B  in  a  drunken  brawl 
kills  C.  A  and  the  manikam  D  must  demand  a  tokom  from  B  in  order  to  clear 
their  reputations. 

The  following  is  the  amount  of  the  tokom  usually  demanded  in 
the  case  of  murder,  head-hunting,  or  slaughter : 

In  case  of  the  death  of  In  case  of  the  death  of  ±n  case  of  the  death  of 

a  kadangyang  a  middle-class  man  a  poor  man 

Honga  Honga  Honga 

1  carabao  1*80.00  8  pigs  ¥80.00  4  pigs  1*40.00 

2  pigs  30.00  1  bakid 25.00  1  bakid 15.00 

1  bakid 44.00 


Total  1*105.00  Total  ¥=55.00 


Total  ¥154.00 


One  who  is  put  in  a  position  in  which  a  tokom  is  due  him  must 
collect  the  tokom.  It  is  not  sufficient  that  he  demand  the  payment 
of  it — he  must  enforce  the  payment.  Otherwise  he  will  be  considered 
by  the  kin  of  the  injured  as  having  been  an  accomplice,  and  liable  to 
punishment  accordingly. 

Should  the  culprit  refuse  to  pay  the  tokom,  the  obligation  rests 
on  those  to  whom  the  tokom  is  due  to  take  the  leading  part  in  the 
punishment  of  the  crime.  Thus,  in  the  first  example  given  above,  if 
C  does  not  pay  the  tokom  to  B,  the  obligation  rests  on  B  more  heavily 
even  than  it  rests  on  A's  relatives  to  kill  C,  and  so  avenge  A's  death. 
Should  he  not  do  this,  he  would  be  held  liable  to  punishment  by  A's 
relatives  along  with  C. 

Visitors  came  to  the  house  of  Timbuluy  of  Ambabag  from  the  district  of 
Maggok.  It  was  suggested  that  a  contract  of  friendship  and  alliance  be  accom- 
plished between  Timbuluy  and  his  Maggok  visitors  by  means  of  the  feast  called 
monbiyao.  A  day  was  appointed  for  this  feast,  and  Binwag  of  Bolog  was  named 
as  the  go-between  in  matters  pertaining  to  the  feast.  These  preliminaries 
having  been  finished,  the  Maggok  people  started  home.  On  the  road  they  were 
killed  by  some  people  from  Wingian. 

The  following  persons  were  under  obligation  to  demand  a  tokom:  Timbuluy, 
whose  guests  they  had  been,  and  Binwag,  the  go-between.  But  the  murderers 
were  poor  people,  while  the  murdered  were  wealthy.  It  would  have  been  im- 
possible for  the  murderers  to  have  paid  the  tokom  proper  for  having  killed  a 
kadangyang.  Consequently  without  any  ado,  Binwag  killed  one  of  the  murderers, 
and  Timbuluy  kidnapped  one  of  the  women  folk  of  another. 


1919]  Barton:  Ifugao  Law  85 

Timbuluy  sold  this  woman  to  slavery  in  Nueva  Vizcaya,  receiving  four 
carahaos.  He  gave  one  carabao  to  each  of  the  four  villages  Pindungan,  Amba- 
bag,  Bango,  and  Baay — all  in  Kiangan  valley — on  the  consideration  that  if  the 
people  of  Wingian  retaliated  by  capturing  a  Kiangan  woman  in  the  open  terri- 
tory surrounding  or  adjacent  to  one  of  these  villages,  the  people  of  that  village 
would  collect  the  necessary  sum  and  redeem  the  woman. 


THEFT 

110.  Of  theft  iii  general. — There  is  a  considerable  degree  of  dif- 
ference in  the  severity  with  which  theft  is  punished  in  different  parts 
of  Ifugao.  The  following  is  the  general  law  with  respect  to  the  thefi 
of  articles  of  medium  or  slight  value : 

Kadangyang  chits:  It  is  a  general  principle  that  true  kadangyang  do  not 
steal.  However,  it  sometimes  occurs,  especially  in  the  Kiangan-Maggok  area, 
that  persons  who  have  the  right  to  claim  this  rank  become  needy.  The  rule  for 
the  punishment  of  members  of  this  class  is:  The  kadangyang  must  return  the 
stolen  thing,  or,  if  it  shall  have  been  consumed,  its  equivalent  in  value,  and  must 
entirely  surround  it  with  like  things  of  equivalent  value.  This  rule  merely 
amounts  to  the  paying  of  five  times  the  value  of  the  stolen  thing.  He  must 
also  pay  a  fee  to  the  go-between. 

Middle  class:  A  thief  of  this  class  must  return  the  stolen  thing  and  ulpitan 
it,  i.e.,  place  a  like  thing,  or  an  equivalent  value,  on  either  side  of  it.  He  must 
also  pay  a  liwa  fee  to  the  go-between  of  the  case. 

Very  poor:  A  thief  of  this  class  must  repay  the  stolen  article  or  its  equivalent 
value,  tolcopna,  and  pay  a  fee  to  the  go-between  in  the  case. 

In  the  case  of  the  theft  of  heirlooms  of  great  value,  such  as  rice- 
wine  jars,  or  gansas,  the  thief  must  repay,  besides  the  stolen  articles, 
their  tokop,  or  equal,  and  in  addition  must  furnish  a  certain  number 
of  pigs  or  other  articles  of  medium  value.  The  following  shows  how 
the  Ifugao  visualizes  a  payment  of  this  sort. 

The  stolen  article. 

Its  equal  or  equivalent. 

Eonga,  a  full-grown  pig. 

Yubyub,  a  full-grown  chicken. 

Theft  should  not  be  confused  with  improper  or  illegal  confiscation. 
This  latter  is  commonly  effected  by  members  of  the  kadangyang  class. 
It  is  punished  in  much  the  same  way  as  theft,  but  is  not  so  disgraceful. 

A  thief  discovered  in  delicto  is  likely  to  be  punished  by  death  if 
the  thief  be  of  a  different  district.  If  not  punished  by  death,  tin' 
culprit  is  caught  and  tied  and  kept  prisoner  until  his  kin  in  the  other 
district  pay  the  fine  demanded.  This  fine,  needless  to  say,  is  some- 
what larger  than  would  ordinarily  be  assessed  for  the  crime.     If  a 


86  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

member  of  the  home  district  be  caught  in  an  unaccomplished  theft, 
the  case  is  not  altered  in  any  way  from  an  ordinary,  consummated 
theft. 

111.  Tit  eft  of  rice  from  a  granary. — The  theft  of  rice  is  consider- 
ably more  serious  than  would  be  theft  of  any  other  article  of  equal 
value,  because  it  ruins  the  miraculous  increase  of  the  rice  that  the 
Ifugao  as  well  as  all  other  Malay  tribes  in  these  islands  so  thoroughly 
believe  in.  If  the  thief  confesses  and  shows  himself  docile,  he  may 
wipe  out  his  guilt  with  the  following  payment : 

Hulul-na,  1  large  pig,  payment  of  the  stolen  rice. 

Eonga,  1  large  pig  and  1  large  chicken,  for  granary  feast  to  secure  return 
of  the  miraculous  increase. 

If,  however,  the  accused  persistently  deny  his  guilt,  he  is  chal- 
lenged to  an  ordeal.  If  by  this  he  is  proven  guilty,  he  is  fined  one  bakid 
or  one  ' '  ten ' ' — in  Kiangan  about  thirty  pesos — in  addition  to  the  pay- 
ment above.  If  he  refuse  to  submit  to  the  ordeal,  he  is  adjudged  guilty, 
and  has  to  make  the  same  payments  as  if  he  had  submitted  to  the  ordeal 
and  had  been  adjudged  guilty.  The  fee  of  the  monhalun  is  included 
in,  and  is  not  additional  to,  the  bakid  in  this  case. 

112.  Theft  of  unharvested  rice. — In  a  case  of  this  sort,  the  amount 
of  rice  stolen  can  be  determined  by  estimating  it  from  the  number  of 
headless  stalks.     The  punishment  is: 

The  return  of  the  stolen  rice  or  its  equivalent  value. 
A  full-grown  pig  for  the  owner's  harvest  feast. 
The  fee  for  the  monlcalun. 

113.  Illegal  confiscation. — What  the  Ifugao  recognizes  as  legal 
confiscation  is  treated  below  under  Procedure,  sections  134  to  138. 
The  following  is  a  case  of  illegal  confiscation  in  the  district  of  Banaue. 

A  owes  B  a  debt,  which  he  persistently  refuses  to  pay.  Both  men  are  of  the 
Tcadangyang  class.  B  is  somewhat  afraid  of  A,  or  for  some  reason  cannot  or 
does  not  dare  collect  the  debt  according  to  the  ordinary  mode  of  procedure. 
He  accordingly  runs  away  with  a  valuable  rice-wine  jar  belonging  to  A,  leaving 
nothing  behind  to  show  who  tool'  it. 

B  finds  out  who  ran  away  with  his  jar.     He  pays  the  debt  he  owes  B.  if  it 
be  truly  owed,  and  demands  the  following  from  him  for  his  improper  procedure: 
The  return  of  the  stolen  jar. 

Another  one  like  it,  or  an  equivalent  of  some  sort. 
A  gong  as  a  dalag  (fine  for  illegal  confiscation). 
A  large  pig  for  a  honga  (general  welfare  feast). 

A  kettle  worth  five  pesos  called  habale   (pegs  on  which  house  charms  are 
hung) . 


1919]  Barton :  Ifugao  Law  87 

4  yards  of  brass  wire.     This  paymenl   is  called  nundopa,  referring  to  the 

jumping  down  of  the  culprit  when  he  carried  oft'  the  jar. 
Death  blanket  with  which  to  carry  jar  home. 
If  B,  when  he  ran  away  with  the  jar,  had  left  behind  his  scabbard  or  bolo 
or  some  other  of  his  belongings  to  show  his  identity,  the  above  would  have  been 
a  case  of  legal  confiscation,  and  not  punishable. 

[llegal  confiscation  lacks  the  elements  of  disgrace  that  theft  carries 
with  it,  and,  in  the  mind  of  the  confiscator  and  his  relatives  at  least, 
is  justifiable.  It  may  be  that  it  is  for  this  very  reason  that  this  crime 
is  punished  more  severely  than  ordinary  theft. 


ARSON 

114.  Fines  assessed  for  goba  or  arson. — One  caught  in  the  act  of 
setting  fire  to  a  house  or  granary  would  be  likely  to  be  killed  on  the 
spot.  Should  he  consummate  the  act  and  escape,  demand  would 
probably  be  made  upon  him  and  his  kin  for  two  granaries  full  of  rice 
and  for  the  animals  necessary  to  consecrate  them  by  the  usual  feasts. 
This  would  be  the  probable  punishment.  The  crime  of  arson  is  rare, 
and  consequently  there  is  no  penalty  or  restitution  well  defined  by 
law.  The  punishment  might  be  death,  or  the  kidnapping  and  selling 
into  slavery  of  a  member  of  the  culprit's  family,  or  a  fine  as  above. 
Which  of  these  it  would  be  would  depend  very  much  on  the  personality 
of  the  injured  party. 

KIDNAPPING 

115.  Circumstances  under  which  kidnapping  may  occur. — If  per- 
formed to  cover  a  debt  for  which  payment  had  been  repeatedly  de- 
manded, or  to  cover  an  injury  for  which  a  proper  fine  had  been 
repeatedly  demanded  in  due  form,  kidnapping  was  a  legal  seizure, 
although  the  victim  and  his  kindred  might  not  consider  it  so. 

But  there  were  a  good  many  cases  in  which  the  kidnapper's  motive 
was  utterly  different.  He  might  wish,  for  example,  to  display  his 
valor,  or  to  profit  financially  by  the  sale  of  his  captives.  Sometimes, 
too,  a  head-hunting  party,  failing  to  get  a  head,  would  capture  a 
woman  and  carry  her  back  with  them  to  their  village.  In  some  parts 
of  Ifugao  the  woman  was  ravished  for  a  period  of  five  days  by  the 
party  of  head-hunters.     She  was  then  sold  into  slavery. 

The  penalty  inflicted  by  the  kin  of  the  kidnapper  was  cither  death 
or  retaliation  by  kidnapping. 


88  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 


INCEST 

116.  Rarity  of  such  offenses. — Incest  is  a  very  rare  crime  in  Ifugao. 
It  seems  to  be  becoming  more  frequent,  for  there  has  undoubtedly 
been  a  growing  laxity  in  morality  ever  since  the  establishment  of 
foreign  government.  A  case  recently  occurred  in  Mongayan,  in  which 
a  father,  on  humane  grounds  as  he  put  the  matter  to  her,  deflowered 
his  own  daughter.    This  case  was  not  punished. 


EAPE 

117.  Both  parties  being  unmarried. — The  unmarried  Ifugaos,  from 
earliest  childhood,  are  accustomed  to  collect  in  certain  houses,  using 
them  as  dormitories.  Usually  both  sexes  sleep  together  in  these  dor- 
mitories. Naturally,  too,  there  is  a  great  deal  of  sexual  intercourse 
each  night,  for  sexual  intercourse  takes  the  same  place  among  the 
Ifugaos  that  embraces  and  kisses  do  in  the  courtship  of  some  other 
peoples.  The  nature  of  the  female  human  being,  says  the  Ifugao,  is 
to  resist  the  advances  of  the  male.  He  naively  points  out  that  the 
hens,  the  cows,  and,  in  fact,  the  females  of  any  species  resist  the  male 
in  this  respect,  notwithstanding  they  may  be  quite  as  anxious  for  the 
sexual  act  as  the  male  himself.  It  is  so  with  women,  he  says.  It  is  con- 
sidered shocking  in  some  sections  of  Ifugao  for  a  girl  to  yield  herself  to 
her  lover  the  first  time  without  resistance.  This  idiosyncracy  of  fem- 
inine nature  being  a  fact,  it  is  sometimes  difficult  to  be  certain  as  to 
whether  the  resistance  offered  by  a  girl  is  bona  fide  or  not — as  to 
whether  she  is  willing  for  the  sexual  act  to  occur,  half  willing,  or  en- 
tirely opposed  to  it.  There  may  or  may  not  be  doubt  in  the  mind  of  the 
male— usually  there  is  none— but  friends  of  the  girl,  by  distorting  or 
by  putting  a  slightly  different  interpretation  on  what  occurred,  could 
make  a  case  of  rape  in  the  white  man's  courts  out  of  almost  any  of 
these  common  events.  Furthermore,  a  girl  on  the  advice  of  her 
parents,  were  such  a  rape  punishable  by  fine,  might  and  frequently 
would,  entice  some  youth  into  forcing  her,  in  order  that  her  family 
might  benefit  financially. 

Consequently  if  a  girl  be  "caught"  in  a  sleeping  house  by  a  youth 
who  habitually  sleeps  there,  the  Ifugaos  do  not  look  upon  it  as  a  case 
of  rape,  even  though  force  be  used.  By  following  this  principle  a 
great  many  questions  and  "put-up-jobs"  are  avoided.  If  a  girl  be 
seized  and  raped  by  one  who  does  not  habitually  sleep  in  or  frequent 


1919]  Barton :  Ifugao  Law  89 

the  girl's  dormitory,  and  the  evidence  establishes  a  case  of  bona  fide 
resistance  on  the  part  of  the  girl,  a  fine  of  "six"  is  assessed  against 
the  raptor  as  follows: 

Very  poor 


Kddangyang 

class 

Middle  da 

ss 

Death  blanket 

1*8.00 

Cooking  pot 

1*2.00 

Cooking  pot 

2.00 

Natauwinan 

1.00 

Natauwinan 

1.00 

Natauwinan 

1.00 

Natauwinan 

1.00 

X  it  a  hail i 

.40 

NatuJcu 

.50 

Nunbadi 

.40 

Natuku 

.50 

Na-oha 

Total 

.25 

Total, 

1*13.00 

,  1*5.05 

Cooking  pot 

1*2.00 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Na-oha 

.25 

Total 

,  1*3.25 

It  will  be  noted  that  the  above  are  very  light  fines.  In  some  parts 
of  Ifugao  they  would  be  considerably  higher — notably  in  the  Silipan 
country. 

The  committing  of  the  crime  of  rape  in  broad  daylight,  as,  for 
example,  the  "catching"  of  a  woman  in  a  camote  field,  constitutes  an 
aggravating  circumstance.  Such  a  rape  as  that  punishable  by  a  fine 
of  "six"  above  would  be  punishable  by  a  fine  of  "ten"  of  a  value  for 
the  three  classes  respectively  of  about  thirty-two  pesos,  sixteen  pesos, 
and  eight  pesos,  if  committed  in  broad  daylight.  This  is  owing  to  the 
greater  "shame"  which  the  woman  feels  on  account  of  the  unwonted 
hour. 

118.  Rape  of  a  married  woman  by  an  unmarried  man. — This  is  a 
serious  offense.  It  is  punishable  by  a  fine  equivalent  to  twice  the  fine 
assessed  for  luktap,  or  unaggravated  adultery.  One-half  of  this  fine 
goes  to  the  husband  of  the  outraged  woman  and  his  kin  and  one-half 
to  the  woman  and  her  kin. 

119.  Rape  of  a  married  woman  by  a  married  man. — This  is  a  case 
still  more  serious  for  the  offender,  since  in  addition  to  paying  the 
afore-mentioned  fine,  he  must  pay  to  his  own  wife  an  additional  fine 
as  penalty  for  luktap. 

MA-HAILYU  OR  MINOR  OFFENSES 
Minor  tines  are  punishable  by  fines  called  hailyu.     The  rape  of 
an  unmarried  woman  by  an  unmarried  man,  considered  in  the  pre- 
ceding section  in  connection  with  the  more  serious  forms  of  rape,  is  a 
minor  crime. 

120.  False  accusation. — He  who  accuses  another  falsely  or  he  who, 
accusing  another  of  crime,  challenges  him  to  an  ordeal  which  ordeal 
proves  the  accused  to  be  innocent,  must  pay  the  following  fine : 


90 


University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 


H 

Kadangyang 
One  bakid 
2  death  blan- 
kets 
Cooking  pot 
Cooking  pot 
Natauwinan 
Natauwinan 
Natauwinan 

ailyu  Paid  b 

class 

(ten) 

1*16.00 

5.00 
2.00 
1.00 
1.00 
1.00 
1.00 

.60 

.40 

y  the  Accuser  to  the  F^ 

Middle  class 
One  bakid  (ten) 
1  death  blanket  1*8.00 
1  cooking  pot         5.00 
1  cooking  pot         2.00 
Natauwinan             1.00 
Natauwinan           1.00 
Natauwinan              .60 
Nuntuku                     .60 
Nunbadi                    .40 
Na-oha                       .25 

llsely  Accused 

Very  poor 
One  onom  (six) 
1  death  blanket  1*8.00 
Natauwinan             1.00 
Natauwinan            1.00 
Natuku                     .60 
Natuku                       .60 
Na-oha                       .40 

Natauwinan 
Nuntuku 

Nunbadi 

Total,  1*11.60 

Total,  1*18.85 

Fee     of    go-between: 
iron  pot  of  value  of 
1*5  included  above. 

1*28.00 
Fee  of  go-between: 
1  death  blanket      8.00 

Fee  of  go-between: 
one   natauwinan    in- 
cluded above. 

Total,  1*36.00 

The  amount  of  the  fine  depends  to  a  great  extent  on  the  seriousness 
of  the  offense  of  which  one  is  accused. 

/  121.  Baag  or  slander. — This  offense  is  punishable  by  a  somewhat 
smaller  fine  than  that  above.  The  following  is  an  instance  to  illustrate 
what  trivial  statements  may  be  considered  as  slanders.  At  an  uyauwe 
feast  Bahni  of  Tupplak  made  remarks  derogatory  to  Bumidang  of 
Palao,  the  principal  of  which  was  to  the  effect  that  Bumidang  would 
never  have  been  a  kadangyang  had  it  not  been  for  the  fees  that  he 
received  from  the  Palao  people  for  acting  as  go-between  in  buying 
back  the  heads  of  their  slain  from  their  Silepan  enemies.  Bumidang 
considered  this  as  slander,  and  seized  a  carabao  belonging  to  Bahni, 
holding  it  until  payment  of  the  fine  assessed  for  insult  was  made. 

122.  Threats  of  violence. — Ongot,  or  threat,  is  punished  by  about 
the  same  fine  as  slander. 

123.  Insult. — The  saying  to  another  person  of  anything  reflecting 
on  his  honor,  prestige,  or  rank ;  the  use  of  abusive  language  to  an 
equal  or  superior ;  insinuations  as  to  improper  relations  with  kins- 
women ;  improper  language  and  behavior  in  the  presence  of  people  of 
opposite  sexes  who  are  related  to  each  other  within  the  forbidden 
degrees;  breaking  of  various  taboos — all  of  these  constitute  insults, 
and  are  punishable  by  a  fine  varying  in  size  from  the  fine  for  slander 
to  that  for  false  accusation. 

There  exist  a  considerable  number  of  taboos,  for  breaking  of  which 
a  penalty  is  exacted. 

First.  There  are  taboos  relating  to  exogamy.  In  the  presence  of 
male  and  female  kin  that  are  of  the  degrees  within  which  marriage  is 
forbidden  it  is  taboo:    (a)  to  look  fixedly  at  the  woman's  breasts  or 


19 ];t]  Barton:  Ifugao  Load  91 

hips;  (6)  to  speak  of  the  dormitory  of  the  unmarried;  (c)  to  mention 
the  love  affairs  of  an  unmarried  couple  except  most  guardedly  •  (d)  to 
breakjvinjJU  (e)  to  blackguard;  (/')  to  play  the  bikong,  lover's  harp. 
Matters  connected  with  sex  must  not  be  referred  to  unnecessarily; 
whenever  it  is  necessary  to  refer  to  them,  the  most  delicately  veiled 
euphemisms  must  be  used.  Thus  an  unborn  babe  must  be  called  "the 
friend";  the  placenta  must  be  termed  a  "blanket";  the  short  plank 
that  constitutes  the  Ifugao 's  bed  must  be  designated  as  a  "level"; 
even  an  egg  must  be  referred  to  as  a  "soft  stone"  or  "stone  of  the 
chickens."  It  is  a  very  grave  insult,  knowing  two  people  to  be  of 
the  forbidden  degrees  of  kinship,  to  ask  them  if  they  are  married. 
Even  if  asked  in  ignorance  of  the  kinship,  such  a  question  is  considered 
to  show  exceeding  ill  breeding.  On  my  first  arrival  among  the  Ifugaos 
I  was  several  times  made  to  feel  like  a  boorish  lout  by  having  asked 
the  question  of  the  wrong  people.  I  then  hit  upon  the  scheme  of 
asking  two  people  if  they  were  brother  and  sister  before  asking  if 
they  were  married.  This,  however,  was  equally  a  faux  pas  in  case  the 
two  were  husband  and  wife,  since  to  the  Ifugao  it  amounted  to  asking 
a  man  if  he  had  married  his  sister.  I  then  learned  to  do  as  a  well- 
bred  Ifugao  does  in  such  eases :  to  observe  and  deduce  from  the  con- 
duet  of  the  two  what  their  relationship  might  be.  This  was  never  a 
difficult  matter. 

Second.  Acts  which  savor  of  adultery  are  tabooed.  Among  such 
are  the  intentional  touching  of  the  body  of  a  married  woman.  If  a 
man  meets  a  married  woman  on  a  rice-field  dike,  the  proper  thing  for 
him  to  do  is  to  step  off  into  the  mud  and  water  and  let  her  pass.  He 
may  not  grasp  her  body  in  order  to  squeeze  past  her  and  thus  avoid 
stepping  into  the  water.  It  is  forbidden,  too,  to  enter  a  house  in  which 
a  married  woman  is  alone. 

Third.  It  is  taboo,  knowing  a  person  to  be  dead,  to  ask  his  sons 
or  near  kin  if  he  is  dead. 

Fourth.  Certain  acts  are  believed  to  be  injurious  to  others  because 
they  are  bad  in  their  magic  influence.  Thus  trying  to  collect  a  debt 
when  a  member  of  the  debtor's  household  is  ill  is  taboo.  The  penalty 
for  this  act  is  the  loss  of  the  debt,  be  it  large  or  small.  It  is  believed 
that  any  subtraction  from  the  sick  person's  or  his  family's  possessions 
is  bound  to  react  injuriously  on  his  health. 

Passing  near  or  through  a  field  of  rice  in  a  foreign  district  during 
harvest  is  taboo,  because  it  is  a  disturbing  factor  and  interferes  with 
the  miraculous  increase. 


92  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 


PROCEDURE 

THE  FAMILY  IN  EELATION  TO  PEOCEDUEE 
124.  Family  unity  and  cooperation. — The  mutual  duty  of  kinsfolk 
and  relatives,  each  individual  to  every  other  of  the  same  family, 
regardless  of  sex,  is  to  aid,  advise,  assist,  and  support  in  all  contro- 
versies and  altercations  with  members  of  other  groups  or  families. 
The  degree  of  obligation  of  the  various  members  of  a  family  group 
to  assist  and  back  any  particular  individual  of  that  group  is  in  direct 
proportion:  first,  to  the  kinship  or  the  relationship  by  marriage; 
second,  to  the  loyalty  the  individual  in  question  has  himself  mani- 
fested toward  the  family  group,  that  is,  the  extent  to  which  he  dis- 
charges his  obligations  to  that  group. 

The  family  is  without  any  political  organization  whatever.  It  is 
a  little  democracy  in  which  each  member  is  measured  for  what  he  is 
worth,  and  has  a  voice  accordingly  in  the  family  policy.  It  is  a 
different  body  for  every  married  individual  of  the  whole  Ifugao  tribe.18 
There  are  a  great  many  relationships  that  complicate  matters.  An 
Ifugao 's  family  is  his  nation.  The  family  is  an  executive  and  a 
judicial  body.  Its  councils  are  informal,  but  its  decisions  are  none 
the  less  effective.  The  following  rules  and  principles  apply  to  the 
family  and  to  individuals  in  the  matter  of  procedure. 

Brothers  of  the  blood  can  never  be  arrayed  against  each  other. 
They  may  fall  out  and  quarrel,  but  they  can  never  proceed  against 
each  other.  This  is  for  the  reason  that  their  family  is  identical  (before 
marriage  at  least),  and  a  family  cannot  proceed  against  itself. 

Cousins  and  brothers  of  the  half-blood  ought  never  to  be  arrayed 
against  each  other  in  legal  procedure.  In  case  they  should  be  so 
arrayed,  the  mutual  kin  try  to  arrange  peace.  Only  in  the  event  of 
serious  injuries  may  a  cousin  with  good  grace  and  with  the  approval 
of  public  opinion  collect  a  fine  from  another  cousin,  and  even  then 
he  should  not  demand  as  much  as  from  a  non-related  person.  In  the 
case  of  minor  injuries  he  should  forego  punishing  his  kindred.  The 
following  is  an  example: 

is  Thus  A  and  B,  two  brothers,  are  members  of  the  same  family  until  they 
marry.  After  marriage  A 's  family  consists  of  his  blood  kin  and  of  his  relatives 
by  marriage,  and  the  same  holds  of  B's  family.  Thus  after  marriage  only  half 
the  individuals  of  the  families  of  the  two  brothers  are  identical.  The  families 
of  two  cousins  are  identical  as  to  one-half  the  component  individuals  before 
their  marriage  and  as  to  one-fourth  of  the  component  individuals  after  their 
marriage. 


1919]  Barton:  If ugao  Law  93 

A  steals  some  rice  from  his  cousin  B.  Theft  and  thief  become  known.  A 
takes  no  steps  against  the  thief;  hut  A 's  wife  cannot  overlook  it — ami  the 
injury  was  an  injury  to  her  as  much  as  to  r\.  Her  kin  take  the  matter  up. 
They' collect  half  the  usual  indemnity  for  their  kinswoman.  A  foregoes  his  half 
of  the  indemnity. 

Ill  eases  of  minor  injury,  procedure  against  more  distant  kin  is 
frowned  on,  but  sometimes  occurs. 

It  is  the  duty  of  mutual,  equally  related  relatives  and  kin  to  try 
to  arrange  peace  between  opposing  kin  or  relatives. 

In  the  event  of  procedure  on  the  part  of  one  kinsman  against 
another,  those  who  are  related  to  both  take  sides  with  him  to  whom 
they  are  more  closely  related.  Besides  blood  relationship,  there  is 
marriage  relationship  oftentimes  to  make  it  a  very  complex  and  diffi- 
cult problem  for  a  man  to  decide  to  which  opponent  his  obligation 
binds  him.  This  is  most  frequently  the  case  among  the  remoter  kin. 
A  man  Avho  finds  himself  in  such  a  position,  and  who  knows  that  on 
whichever  side  he  may  array  himself  he  will  be  severely  criticized  by 
the  other,  becomes  a  strong  advocate  of  compromise  and  peaceful 
settlement. 

In  case  a  kinsman  to  whom  one  owes  loyalty  in  an  altercation  is 
in  the  wrong  and  has  a  poor  case,  one  may  secretly  advise  him  to 
compromise ;  one  must  never  openly  advise  such  a  measure.  One  may 
secretly  refuse  him  assistance  and  backing — one  must  never  oppose 
him. 

One  owes  no  obligation  in  the  matter  of  procedure  to  another 
merely  because  he  is  a  co-villager  or  inhabitant  of  the  same  district. 

The  obligation  to  aid  and  assist  kinsmen  beyond  the  third  or  fourth 
degree  is  problematic,  and  a  question  into  which  elements  of  personal 
interest  enter  to  a  great  extent.  One  of  the  greatest  sources  of  the 
power  of  the  principal  hadangyang  lies  in  their  ability  to  command 
the  aid  of  their  remote  kin  on  account  of  their  prestige  and  wealth  and 
ability  to  dispense  aid  and  favor. 

There  is  also  a  class,  small  in  number,  corresponding  somewhat  to 
the  "clients"  of  the  chiefs  of  the  ancient  Gauls.  This  body  is  com- 
posed of  servants  who  have  grown  up  in  the  service  and  household  of 
a  master,  and  who  have  been  well  treated,  and  in  times  of  need  sus- 
tained and  furnished  with  the  things  needful  to  Ifugao  welfare; 
another  division  consists  of  those  who  habitually  borrow  or  habitually 
rent  from  one  who  stands  in  the  nature  of  an  overlord  to  them.  This 
class  is  most  numerous  in  districts  where  most  of  the  lands  are  in  the 
hands  of  a  few  men.    The  duty  of  the  clients  to  their  lord  and  of  their 


94  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

lord  to  them  seems  to  be  about  the  same  as  those  duties  have  always 
been  in  a  feudal  society ;  that  is  to  say,  the  duty  of  rendering  mutual 
aid  and  assistance. 

The  first  Step  in  anv  legal  proserin  re  is  to  n.onsnlt.  with  one's  kin 
and  relatives.  In  initiating  steps  to  assess  a  fine  or  collect  an  in- 
demnity, the  next  step  is  the  selection  of  a  monkalun. 

THE  MONKALUN  OR  GO-BETWEEN 

125.  Nature  of  his  duties. — The  office  of  the  monkalun  is  the  most 
important  one  to  be  found  in  Ifugao  society.  The  monkalun  is  a 
whole  court,  completely  equipped,,  in  embryo.  He  is  indge.  prose- 
cuting and  defending  counsel,  and  the  court  record.19  His  duty  and 
his  interest  are  for  a  peaceful  settlement.  He  receives  a  fee,  called 
lukoa  or  liwa.  To  the  end  of  peaceful  settlement  he  exhausts  every 
art  of  Ifugao  diplomacy  He  wIippHIps  """vw  flo+fru^  |i,vPri|»Tr f 
drives,  scolds,. insinuates.  He  beats  down  the  demands  of  the  plain- 
tiffs or  prosecution,  and  bolsters  up  the  proposals  of  the  defendants 
until  a  point  be  reached  at  which  the  two  parties  may  compromise. 
If  the  culprit  or  accused  be  not,  disposed  to  listen  T6  l'easmi  ancT  runs 
away  or  "shows  fight"  when  approached,  the  monkalun  waits  till  f.ne 
former  ascends  into  his  house,  follows  him,  and,  war-knife  in  hand, 
sits  in  front  of  him  and  compels  him  to  listen. 

The  monkalun  should  not  be  closely  related  to  either  party  in  a 
controversy.  He  may  be  a  distant  relative  of  either  one  of  them. 
The  monkalun  has  no  authority.  All  that  he  can  do  is  to  act  as  a 
peace  making  go-between.  His  only  power  is  in  his  art  of  persuasion, 
his  tact  and  ins  skiiiiiu  playing  on  human  emotions  and  motives. 
"Were  he  closely  related  to  the  plaintiff,  he  would  have  no  influence 
with  the  defendant,  and  mutatis  mutandis  the  opposite  would  be  true. 

Ultimately  in  any  state  the  last  appeal  is  to  a  death-dealing  weapon. 
For  example,  in  our  own  society  a  man  owes  a  debt  which  he  does 
not  pay.  Action  is  brought  to  sell  his  property  to  pay  the  debt.  If 
he  resists,  he  is  in  danger  of  death  at  the  hands  of  an  agent  of  the 
law.  Much  more  is  he  in  danger  if  he  resists  punishment  for  crime. 
The  same  is  true  in  the  Ifugao  society.  The  lance  is  back  of  every 
demand  of  importance,  and  sometimes  it  seems  hungry. 


lf)  The  word  monkalun  conies  from  the  root  Tcalun,  meaning  advise.  The  Ifugao 
word  has  the  double  sense,  too,  of  our  word  advise,  as  used  in  the  following 
sentences,  ' '  I  have  the  honor  to  advise  you  of  your  appointment ' '  and  ' '  I 
advise  you  not  to  do  that." 


1919  |  Barton  :  Ifugao  Law  95 

An  [fugao's  pride  as  well  as  his  self-interest— one  mighl  almosl 
say  his  self-preservation — demands  thai  he  shall  roll. -el  debts  that  are 
owed  him,  and  that  he  shall  punish  injuries  or  crimes  against  himself. 
Did  he  not  do  so  he  would  become  the  prey  of  his  fellows.  No  one 
would  respect  him.  Let  there  be  but  one  debt  owed  him  which  he 
makes  no  effort  to  collect;  let  there  be  but  one  insult  offered  him  that 
goes  unpunished,  and  in  the  drunken  babbling  attendant  on  every  feast 
or  soeial  occasion,  he  will  hear  himself  accused  of  cowardice  and  called 
a  woman. 

On  the  other  hand,  self-interest  and  self-respect  demand  that  the 
accused  shall  not  accept  punishment  too  tamely  or  with  undue  haste, 
and  that  he  shall  not  pay  an  exorbitant  fine.  If  he  can  manage  to 
beat  the  demands  of  the  complainant  down  below  those  usually  met 
in  like  cases,  he  even  gains  in  prestige.  But  the  monkalun  never  lets 
him  forget  that  the  lance  has  been  scoured  and  sharpened  for  him,  and 
that  he  walks  and  lives  in  daily  danger  of  it. 

The  accuser  is  usually  not  over  anxious  to  kill  the  accused.  Should 
he  do  so,  the  probabilities  are  that  the  kin  of  the  accused  would  avenge 
the  death,  in  which  case  he,  the  slayer,  would  be  also  slain.  The  kin 
of  each  party  are  anxious  for  a  peaceable  settlement,  if  such  can  be 
honorably  brought  about.  They  have  feuds  a-plenty  on  their  hands 
already.  Neighbors  and  co-villagers  do  not  want  to  see  their  neighbor- 
hood torn  by  internal  dissension  and  thus  weakened  as  to  the  conduct  of 
warfare  against  enemies.  All  these  forces  make  for  a  peaceful  settle- 
I  ment. 

It  is  the  part  of  the  accused  to  dally  with  danger  for  a  time,  how- 
ever, and  at  last  to  accede  to  the  best  terms  he  can  get,  if  they  be 
within  reason. 

TESTIMONY 

126.  Litigants  do  not  confront  <  ach  other. — From  the  time  at  which 
a  controversy  is  formally  entered  into,  the  principals  and  their  kin 
are  on  a  basis  of  theoretical— perhaps  I  ought  to  say  religious— enmity. 
A  great  number  of  taboos  keep  them  apart.  Diplomatic  relations 
between  the  two  parties  have  been  broken  off  and  all  business  per- 
taining to  the  case  is  transacted  through  the  third  party,  the  monkalun. 
He  hears  the  testimony  that  each  side  brings  forward  to  support  its 
contention.  Through  him  each  controversant  is  confronted  with  the 
testimony  of  the  other.  It  is  greatly  to  the  interest  of  the  monkalun 
to  arrange  a  peaceful  settlement,  not  only  because  he  usually  receives 


96  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

a  somewhat  larger  fee  in  such  case,  but  because  the  peaceful  settlement 
of  cases  in  which  he  is  mediator  builds  up  a  reputation  for  him,  so 
that  he  is  frequently  called  and  so  can  earn  many  fees.  To  the  end 
of  arranging  this  peaceful  settlement,  the  monkalun  reports  to  each 
party  to  the  controversy  the  strong  points  of  the  testimony  in  favor 
of  the  other  party,  and  oftentimes  neglects  the  weaknesses. 
There  are  no  oaths  or  formalities  in  the  giving  of  testimony. 

OKDEALS 

/ 

127.  Cases  in  which  employed. — In  criminal  cases  in  which  the 

accused  persistently  denies  his  guilt,  and  sometimes  in  ease  of  disputes 
over  property  the  ownership  of  which  is  doubtful,  and  in  cases  of 
disputes  over  the  division  line  between  fields,  ordeals  or  trials  are 
resorted  to.  The  challenge  to  an  ordeal  may  come  from  either  the 
accuser  or  the  accused.  Refusal  to  accept  a  challenge  means  a  loss 
of  the  case,  and  the  challenger  proceeds  as  if  he  had  won  the  case. 

If  the  accused  comes  unscathed  from  the  ordeal,  he  has  the  right 
to  collect  from  his  accuser  the  fine  for  false  accusation. 

If  two  people  mutually  accuse  each  other,  panuyu,  they  are  both 
tried  by  ordeal.  If  both  be  scathed,  they  are  mutually  responsible 
for  the  indemnity  to  the  injured  person.  If  only  one  be  scathed,  he 
is  responsible  for  the  indemnity  to  the  injured  person  and  for  a  pay- 
ment of  the  fine  for  false  accusation  to  the  one  whom  he  accused.20 

128.  The  hot  water  ordeal. — A  pot,  a  foot  or  more  in  depth,  is  filled 
with  water  and  heated  to  a  furious  boiling.  A  pebble  is  dropped 
into  it.  The  accused  must  reach  his  hand  into  the  water  without 
undue  haste,  extract  the  pebble,  and  then  replace  it.  Undue  haste  is 
interpreted  as  a  confession  of  guilt.  This  ordeal  is  used  in  certain 
sections  of  Ifugao,  while  in  others  the  hot  bolo  test  is  used.  It  is 
interesting  to  note  that  neither  of  them  is  efficacious  in  determining 
accusations  of  adultery.  This  is  for  the  reason  that  the  gods  of  animal 
fertility  and  growth  do  not  permit  an  accused  to  receive  an  injury 


20  When  a  crime  such  as  theft  has  been  committed,  and  it  cannot  be  deter- 
mined from  any  evidence  at  hand  who  was  the  culprit,  the  injured  person 
frequently  resorts  to  the  hapud.  One  form  of  this  ceremony  consists  in  placing 
an  egg  or  areca  nut  on  the  edge  of  a  knife  or  the  bevel  of  a  spear  and  repeating 
the  prayers  necessary  to  make  the  egg  or  areca  nut  balance  and  stand  on  end 
at  the  mention  of  the  guilty  person.  Another  form  consists  in  spanning  an 
agba  stick.  At  the  mention  of  the  guilty  person  the  stick  grows  longer,  as 
revealed  by  its  length  in  relation  to  the  span  of  the  priest.  These  sticks  are 
kept  for  generations.  Many  of  them  are  over  a  hundred  years  old.  These 
ceremonies  are  not  of  virtue  as  evidence  and  are  entirely  without  the  pale  of 
Ifugao  procedure.  They  are  of  value  only  to  the  injured  person  in  assisting 
him  to  determine  who  has  committed  the  crime. 


1919]  Barton:  Ifugao  Law  97 

for  that  act  which  is  so  eminently  useful  in  their  particular  sphere  of 
activity.  Thus,  [fugao  religion  looks  with  the  greatest  disfavor  upon 
things  which  tend  to  restrict  population,  just  as  our  law  frowns  upon 
statutes  in  restriction  of  marriage. 

129.  The  hot  bolo  ordeal. — In  this,  if  two  persons  mutually  accuse 
each  other,  their  hands  are  placed  side  by  side.  The  monkalun  lowers 
a  hot  knife  on  their  hands.  The  knife  burns  the  guilty  person  much 
more  seriously  than  the  guiltless  one.  If  only  one  person  be  put  to 
the  test,  it  is  said  that  the  knife  bends  away  from  the  hands  of  an 
innocent  person.  The  monkalun,  with  all  his  might,  it  is  said,  cannot 
put  the  knife  down  on  the  hand:  the  gods  of  war  and  justice  will 
not  permit  it.  But  if  the  person  be  guilty,  the  knife  grips  the  hand 
in  its  eagerness.  If  the  accused  show  fear  and  try  to  withdraw,  the 
kin  of  the  accuser  may  catch  him  and  burn  him  well.  I  know  a  man 
whose  fingers  were  burned  off  in  this  way,  the  thumb  adhering  to  and 
coalescing  with  the  palm. 

130.  The  alao  or  duel.— Eggs,  runo  stalks,  or  spears  are  used  in 
trials,  the  accused  facing  each  other  and,  at  the  word  of  the  monkalun, 
hurling  their  missiles.  The  duel  is  not  without  its  dangers.  Even 
though  eggs  or  runos  be  used,  the  one  struck  is  likely  to  return  a 
stone ;  and  from  throwing  stones  to  throwing  spears  is  an  easy  step. 
The  two  parties  of  kin  are  likely  to  take  a  hand.  How  much  more 
likely  are  they  to  take  a  hand  and  avenge  their  kinsman  if  spears  be 
the  missiles  and  he  be  wounded ! 

The  duel  is  used  in  cases  of  adultery,  sorcery,  and  in  some  disputes 
over  rice  fields,  everywhere  in  Ifugao.  In  adultery  cases,  only  eggs 
are  used  in  the  duel. 

131.  Trial  by  bultong  or  wrestling. — This  ordeal  is  used  throughout 
Ifugao,  preeminently  to  settle  cases  of  disputed  rice-field  boundaries. 

The  Ifugao  clearly  recognizes  that  the  processes  of  nature — land- 
slides, the  erosion  of  rainfall  in  wet  weather,  and  caking  and  crumb- 
ling in  dry  weather— tend  to  wear  away  a  terrace  not  maintained 
by  a  stone  wall.  A  terrace  maintained  by  a  stone  wall  is  a  rarity  in 
the  Kiangan  district.  Should  the  boundary  not  be  well  marked  by 
paghok  (see  sec.  43)  a  dispute  is  nearly  sure  to  result  sooner  or  later. 
These  disputes  are  usually  settled  by  wrestling  matches.  The  wrest- 
ling matches  are  usually  friendly.  The  Ifugao  believes  that  the  an- 
cestral spirits  of  the  controversants  know  which  party  is  in  the  right, 
that  they  know  just  where  the  true  boundary  is,  and  that  they  see 
to  it  that  he  who  is  right  shall  win,  provided  always  that  they  be 


98  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

invoked  with  the  proper  sacrifices ;  and  that  they  ' '  hold  up ' '  even  the 
weaker  of  the  wrestlers,  and  cause  him  to  win,  provided  his  cause  he 
just.  Notwithstanding  this  belief,  the  people  are  sufficiently  practical 
to  demand  that  the  wrestlers  be  approximately  evenly  matched.  The 
owners  of  the  adjacent  fields  may  themselves  wrestle,  or  they  may 
choose  champions  to  represent  them.  Between  kinsmen  these  matches 
are  presumably  friendly ;  and  only  sacrifices  of  dried  meat  are  offered 
the  ancestral  spirits.  But  between  those  not  related,  there  is  often  a 
great  deal  of  unfriendly  feeling.  In  this  latter  case  numerous  chickens 
and  two  or  three  pigs  are  sacrificed,  and  ceremonies  like  those  against 
enemies  are  performed. 

On  the  appointed  day  the  two  parties  meet  at  the  disputed  boun- 
dary and  occupy  opposite  ends  of  the  disputed  land.  A  party  of 
mutual  kin  follows  along  and  occupies  a  position  midway  between  the 
adversaries.  With  each  party  is  one  of  the  family  priests.  Taking 
betels  and  dried  meat  (presuming  the  contest  to  be  a  friendly  one) 
from  a  head-basket,  the  priest  prays  very  much  as  follows :  ' '  Come, 
Grandfather  Eagle,  Grandfather  Red  Ant,  Grandfather  Strong  Wind, 
Grandfather  Pangalina;  come,  Grandmother  Cicada,  Grandmother 
Made  Happy,  Grandmother  Ortagon;  come,  Grandfather  Gold,  etc. 
[throughout  a  list  of  perhaps  a  hundred  ancestors].  Here  are  betels 
and  meat ;  they  are  trying  to  take  our  field  away  from  us.  And  was 
it  here,  Grandmother  Grasshopper,  that  the  boundary  of  the  field  was  ? 
No,  you  know  that  it  was  a  double  arm's  length  to  the  right.  Hold 
us  up,  you  ancestors,  in  order  that  we  may  be  the  wearers  of  gold 
neck-ornaments ;  in  order  that  we  may  be  the  ones  who  give  expensive 
feasts.  Exhort  [here  the  priest  names  over  the  gods  of  war  and 
justice]  to  hold  us  up.  Was  it  here,  Grandfather  Brave,  that  the 
boundary  was  when  you  bought  the  field  ?  Do  not  let  them  take  our 
land  away  from  us,  for  we  are  to  be  pitied.    We  are  sorely  tried ! ' ' 

After  the  prayers  of  the  priests,  each  champion  is  led  by  one  of 
his  kinsman  to  the  place  where  the  first  wrestling  is  to  occur.  This 
leading  is  very  ceremoniously  done,  and  suggests  the  heralding  of  the 
champions  in  feudal  days.  The  dike  of  the  upper  terrace  has  been 
cleaned  off  at  intervals  of  fifteen  to  twenty-five  feet  in  order  that  the 
owner  of  the  upper  field  may  have  no  advantage.  The  champions 
frequently  work  themselves  down  half-thigh  deep  in  rice-field  mud, 
water,  and  slime.  Catching  fair  and  even  holds,  they  begin  to  wrestle, 
encouraged  each  by  the  shouts  and  cries  of  his  kinsmen  and  by  the 
calling  of  the  old  men  and  old  women  on  the  spirits  of  the  ancestors. 


1919]  Barton :  Tfugao  Law  99 

Each  wrestler  tries  to  push  his  opponent  into  the  territory  thai  thai 
opponent  is  defending  and  to  down  him  there.  It'  A  throws  B  in 
P>'s  field,  ten  feet  from  the  line  on  which  they  wrestle,  A  wins  ten 
feet  of  the  rice  field  at  that  point.  Finally,  there  is  a  fall  that  more 
than  likely  capsizes  one  or  both  of  them  in  the  black  mud.  One  point 
in  the  boundary  is  determined.  Frequently  the  lower  terrace  is  eight 
or  ten  feet  lower  than  the  upper  one,  hut  there  are  no  injuries  for 
the  reason  that  the  mud  is  at  least  two  feet  deep  and  is  a  soft  place 
in  which  to  fall. 

At  every  fifteen  or  twenty  feet  along  the  disputed  boundary  there 
is  another  wrestling  match.  Sometimes  the  champions  are  changed. 
The  new  boundary  runs  through  every  point  at  which  there  has  been 
a  fall. 

/  132.  The  umpire  <tn<l  the  decision. — The  morikalun  is  the  umpire 
in  trials  by  ordeal.  He  interprets  undue  haste  or  a  faulty  perform- 
ance as  a  confession  of  guilt.  On  the  day  following  the  trial  by  fire 
or  hot  water  he  goes  to  the  house  of  the  accused  and  examines  the 
hand  and  forearm.  If  he  finds  white  inflamed  blisters,  he  pronounces 
him  guilty.  In  the  case  of  a  duel,  he  pronounces  the  one  struck  by 
the  missile  guilty.  The  Ifugaos  believe  that  the  gods  of  war  and  justice 
turn  missiles  aside  from  the  innocent  in  these  duels.  For  the  umpire 
to  be  manifestly  unfair,  would  be  for  him  seriously  to  imperil  his 
own  life. 

As  a  matter  of  fact,  a  person  whose  skin  is  rough,  dry,  and  horny 
has  a  great  advantage  in  these  ordeals.  Since  sword  climbing  and 
the  walking  on  hot  stones  and  live  coals  have  occurred  in  other  parts 
of  the  world,  it  would  seem  that  a  question  might  be  raised  whether 
state  of  mind,  or  other  factors  as  yet  unexplained,  may  not  enter  these 
affairs. 

EXECUTION  OF  JUSTICE 

133.  Retaliation. — In  the  case  of  lives  lost  in  feuds,  sorcery,  mur- 
ders, and  head-hunting,  capital  punishment  inevitably  follows,  pro- 
vided the  kin  of  the  slain  be  sufficiently  daring  to  execute  it. 

Capital  punishment  is  the  rule,  and  is  almost  invariably  inflicted 
in  cases  of  the  refusal  to  pay  proper  fines,  for  which  demand  has  been 
made  in  correct  form,  and  after  a  reasonable  length  of  time  has  been 
given  in  winch  to  raise  the  sum  demanded,  in  punishment  of  adultery, 
manslaughter,  the  putting  of  another  in  the  position  of  an  accomplice 
in  case  of  murder  or  death  in  feud,  or  for  wounds,  provided  the  culprit 
be  not  a  kinsman  or  person  closely  related  by  niarriage.    Rarely  would 


100  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

there  be  much  trifling  in  the  infliction  of  this  penalty.  Seizure  of 
something  of  sufficient  value  to  cover  the  fine  assessed  might  some- 
times be  made,  except  in  the  cases  of  adultery  and  manslaughter.  To 
practice  seizure  in  the  case  of  adultery — except  when  a  kinsman  were 
the  offender — would  have  the  aspect  of  anxiety  to  profit  by  the  pol- 
lution of  the  wife 's  body  and  might  give  rise  to  suspicion  of  conspiracy 
on  the  part  of  husband  and  wife  to  bring  about  the  crime  in  order  to 
profit  financially.  In  the  same  way,  a  self-respecting  family  would 
disdain  to  accept  payment  for  the  life  of  a  kinsman  except  as  a  matter 
of  forbearance  and  mercy  to  the  taker  thereof.  We  have  seen  before 
that  unless  the  tokom  be  collected  the  injured  person  is  in  danger  of 
losing  his  own  life  should  he  not  slay  him  from  whom  the  tomok  is  due. 

The  crime  of  arson  undoubtedly  justifies  the  death  penalty;  but 
it  is  so  rare  a  crime  that  it  is  impossible  to  say  what  is  the  usual  Ifugao 
practice  in  punishing  it. 

The  non-payment  of  a  debt  when  there  is  the  ability  to  pay  it,  and 
after  many  and  repeated  demands  have  been  made  in  the  proper 
manner  for  it,  justifies  the  infliction  of  the  death  penalty. 

Capital  punishment  is  administered  by  the  injured  person  and  his 
kin.  In  all  cases  it  is  fraught  with  the  greatest  danger  to  the  inflicters. 
Usually  it  is  inflicted  from  ambush,  although  it  may  be  a  sudden 
slaying  in  the  heat  of  passion.  The  culprit  is  never  notified  that  he 
has  been  sentenced  to  death.  The  withdrawal  of  a  go-between  from 
a  serious  case  is,  however,  a  pretty  good  warning.  It  has  about  the 
same  significance  as  the  withdrawal  of  an  embassy  in  an  international 
complication. 

The  infliction  of  a  death  penalty  has  been  the  starting  point  of 
many  an  interminable  feud  between  families.  For  this  reason  the 
injured  person  exhausts  every  effort  to  effect  a  punishment  in  some 
other  way  if  any  other  punishment  be  consistent  with  his  dignity  and 
respectability. 

134.  Seizure  of  chattels.— If  a  kinsman  of  remoter  kinship  than 
I  that  existing  between  brothers  commit  a  crime  punishable  by  death, 
1  except  sorcery  or  murder,  and  obstinately  refuse  to  pay  the  fine  as- 
sessed, seizure  of  his  property  or  part  of  it  is  made. 

Seizures  are  made  from  unrelated  persons  to  cover  fines  due  in 
punishment  of  theft,  malicious  killing  of  animals,  arson,  and  the  minor 
crimes,  also  to  secure  payment  of  a  debt. 

The  following  is  a  list  of  the  things  usually  seized:  gongs,  rice- 
Avine  jars,  carabaos,  gold  beads,  rice  fields,  children,  wives. 


1919]  Barton:  If ugao  Law  101 

A  seizure  may  be  made  by  fraud  or  deceit,  or  it  may  be  made  in 
the  absence  of  the  owner  of  his  household,  or  it  may  be  made  by 
superior  force.  Considering  only  the  manner  of  the  seizure,  there  is 
but  one  law  to  be  followed :  the  seizure  must  be  made  in  such  a  manner 
as  to  leave  no  doubt  as  to  the  identity  of  him  who  seizes.  Thus  if 
B  persistently  refuses  to  pay  a  fine  owed  to  A,  A  may  go  to  B  's  house 
when  there  is  nobody  at  home  and  may  run  away  with  a  gong.  If 
he  leaves  his  bolo,  his  scabbard,  his  blanket  or  some  other  personal 
effect  in  the  house  as  a  sort  of  a  visiting  card,  his  seizure  is  legal. 
Or  A  may  go  to  B's  house  and,  pretending  friendship,  borrow  the 
gong,  representing  that  he  wants  to  play  it  at  a  feast  and,  having 
secured  possession  of  it,  refuse  to  return  it  till  the  fine  be  paid.  Or 
suppose  that  an  agent  of  B's  is  bringing  a  carabao  up  from  Nueva 
Vizcaya,  and  that  the  agent  has  to  travel  through  A's  village.  A 
and  his  friends  stop  the  agent  and  take  the  carabao  away  from  him, 
telling  him  to  inform  B  that  the  carabao  will  be  delivered  to  him  when 
the  fine  is  paid.  , 

There  is  a  second  kind  of  seizure,  a  seizure  of  the  property  of 
some  relative  or  kinsman  of  the  culprit.  The  property  of  a  wealthy 
kinsman  may  be  seized  to  cover  a  fine  due  from  a  poor  kinsman  who 
has  no  property.  This  kind  of  seizure  is  more  likely  to  lead  to  a 
lance  throwing  than  a  seizure  from  the  culprit  himself.  The  danger 
of  such  an  ending  increases  with  the  remoteness  of  the  kinship  be- 
tween the  culprit  and  the  person  from  whom  the  seizure  is  made. 

A  third  kind  of  seizure  is  practiced  against  neighbors  of  delin- 
quents who  live  in  another  district.  Suppose  a  man  B  in  one  of  the 
districts  to  the  west  of  Kiangan  to  have  gone  to  Nueva  Vizcaya  (east 
of  Kiangan)  and  there  to  have  purchased  a  carabao.  He  owes  no 
debts,  nor  have  any  fines  been  levied  against  him.  He  returns  through 
Kiangan,  however,  and  his  carabao  is  seized  by  A,  a  Kianganite.  B 
is  informed  that  C,  a  resident  of  the  same  district  as  he,  stole  a  pig 
a  year  or  two  ago  from  A.  The  evidence  against  C  is  placed  before 
him  in  the  minutest  details.  He  is  given  thirty  pesos  as  patang  (inter- 
es1  in  advance  I  and  told  to  collect  from  C  the  payment  proper  to  the 
case,  and  in  addition  the  thirty  pesos  advanced  as  patang.  When  lie 
makes  these  collections,  and  delivers  them  to  A,  he  gets  back  his 
carabao.  If  C  is  innocent  of  the  crime  charged,  lie  may  kill  A  for 
this,  or  he  may  do  so  even  if  guilty.  More  likely  he  kidnaps  A's 
wife  or  child  and  sells  them  for  a  ransom  sufficiently  great  to  repay  B, 
and  leave  a  substantial  surplus  for  himself.  A  may  or  may  not 
retaliate  with  the  lance. 


102  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

Iii  quarrels  between  kadangyang  (for  their  dignity  is  very  dear 
to  them)  and  between  persons  of  different  districts  or  contrary  parties, 
it  is  more  frequently  than  not  the  case  that  the  thing  seized  is  not 
returned.  Powerful  individuals  in  a  district  are  rather  glad  to  have 
a  seizure  made  of  their  property,  since  they  can  nearly  always  manage 
to  come  out  winner  in  the  finish.  Thus  in  the  case  above,  B,  if  a 
powerful  individual,  probably  collects  two  or  even  three  carabaos  or 
their  equivalent  value  from  C,  and  besides  he  receives  thirty  pesos 
patang.  It  would  seem  that  the  obligation  rests  on  every  Ifugao — not- 
withstanding there  is  no  political  government — so  to  conduct  himself 
as  not  to  involve  his  neighbors  in  trouble  with  individuals  of  inimical 
or  semi-inimical  districts;  and  that  should  he  so  involve  them,  he  is 
liable  to  whatever  punishment  circumstance  metes  out  to  him. 

In  the  case  of  altercations  between  individuals  of  different  dis- 
tricts, seizure  of  animals  was  generally  practiced  by  persons  of  those 
districts  through  which  the  road  led  to  the  region  from  which  the 
animals  were  imported.  Of  all  districts,  Kiangan  was  most  advan- 
tageously situated  in  respect  to  this  matter ;  since,  for  the  greater  part 
of  Ifugao-land,  the  road  to  Nueva  Vizcaya  (whence  most  of  the 
animals  imported  into  Ifugao  came)  led  through  it. 

.135.  Seizure  of  rice  fields. — The  seizure  of  rice  fields  is  practicable 
only  in  case  the  fields  are  near  the  village  of  him  who  seizes  them. 
For  if  located  in  a  distant  district,  the  working  of  the  field  would  be 
extremely  hazardous,  and  its  protection  and  continuous  holding 
impossible. 

Fields  may  properly  be  seized  for  collection  of  debt  or  for  refusal 
to  pay  fines  or  indemnities.  Portions  of  fields  are  seized  sometimes 
in  disputes  as  to  ownership  or  boundaries. 

Disputes  over  ownership  and  boundary  come  to  a  head  during 
spading  time.  One  party  begins  to  spade  for  the  next  year's  crop 
the  land  claimed  by  the  other.  The  other  party  sticks  up  runos,  tied 
"ethics  lock"  fashion  (alpud),  along  the  line  which  he  claims  to  be  the 
true  boundary.  The  first  party  then  pulls  up  these  runos,  and  sticks 
down  others  along  the  line  claimed  by  it  as  the  true  boundary.  The 
issue  is  joined.  The  defendant  has  made  his  "rejoinder."  A  mon- 
kalun  is  now  selected  by  the  plaintiff  party,  and  tries  to  arrange — 
and  in  case  of  disputed  boundaries  nearly  always  does  arrange — a 
means  of  peaceful  settlement,  either  by  compromise  or  through  trial 
by  wrestling.  Sometimes  the  ownership  of  a  field  itself  is  in  question. 
Usually  the  question  is  one  of  inheritance ;  although  there  are  a  num- 


L919]  Barton :  Ifugao  Law  L03 

ber  of  other  causes  thai   may  give  rise  to  dispute.21     Ownership  is 
usually  peaceably  settled  by  means  of  a  wrestling  match. 

"We  come  now  to  those  eases  in  which  a  field  is  seized  for  debt 
as  payment  of  a  fine  or  indemnity.  The  plaint  iff  or  prosecutor  seizes 
the  field  at  spading  time  by  planting  runo  stalks,  alpud,  in  it.  The 
defendant  probably  pulls  up  these  stalks  and  throws  them  away.22 
An  attempt  may  be  made  by  mutual  friends  and  relatives  to  recure  a 
peaceful  settlement  of  the  trouble.  A  rice  field  is  a  thing  so  dear  to 
the  Ifugao,  and  so  necessary  and  useful  t£  him,  that  such  attei  lpts  are 
extremely  likely,  however,  to  come  to  naught. 

If  the  matter  be  not  arranged  otherwise,  the  seizer  of  the  field 
sends  a  body  of  men  to  spade  it,  holding  in  reserve  an  armed  force  of 
kinsmen  and  relatives  to  protect  and  maintain  the  spaders  if  they  be 
attacked.  The  other  party  emerges  with  an  armed  force  to  drive 
the  spaders  away.  The  two  parties  meet.  If  one  be  greatly  superior 
in  strength,  the  other  usually  retires,  and  surrenders  the  field.  If  they 
be  fairly  evenly  matched,  a  battle  is  likely  to  ensue.  If  the  first  wound 
be  a  slight  one,  the  party  receiving  it  is  likely  to  withdraw ;  but  if  it 
be  serious,  or  if  one  of  their  number  be  killed,  they  fight  to  avenge 
him.     Sometimes  four  or  five  men  are  killed  in  one  of  these  frays. 

But  in  the  meantime,  and  often  before  actual  fighting  begins,  a 
body  of  mutual  relatives,  friends,  and  neighbors  emerges  and  tries  to 
make  peace  and  secure  an  amicable  settlement. 

136.  Enforced  hospitality. — Sometimes  a  creditor  and  a  numerous 
and  powerful  following  of  kinsmen  descend  upon  a  debtor's  house  as 
unwelcome  guests,  consume  his  stores  of  food,  and  force  his  hospitality 
until  appeased  by  the  payment  of  the  debt. 

This  form  of  collection  can  only  be  used  in  the  case  of  debts,  for 
in  all  other  controversies,  taboos  forbid  the  eating  of  the  adversary's 
food,  drinking  his  water,  chewing  his  betels,  etc.  Even  in  the  ease  of 
debt,  if  a  go-between  has  been  sent  to  the  debtor,  this  means  may  not 
be  used.  It  can  only  be  used  in  a  case  where  "diplomatic  relations" 
have  not  been  ruptured. 


21  The  very  day  that  I  wrote  this,  the  ownership  of  a  field  was  settled  by 
a  wrestling  match.  An  Ifugao  some  time  before  pawned  a  field  to  a  christianized 
[fugao.  This  worthy  had  the  temerity  to  sell  the  field.  Although  the  pawner 
would  have  surely  been  sustained  in  his  right  had  lie  appealed  to  the  lieutenant 
governor,  nevertheless,  he  was  so  confident,  being  in  the  right,  that  lie  would 
not  lose,  that  he  consented  to  settle  the  ownership  by  a  wrestling  match.  He 
won.  The  christianized  Ifugao  may  possibly  now  have  more  faith  in  the  tenet 
of  his  former  religion  that   the  ancestral   spirits  uphold  him  who  is  in   the  right. 

22  He  may  gratuitously  add  an   insult   by  implanting  a    few  of  them   in  a  pile 
of  fecal  matter. 

J 


104  University  of  California  Publications  in  Am.  Arch,  and  Ethn.     [Vol.  15 

137.  Kidnapping  or  seizure  of  persons. — Interior  districts  had  no 
opportunity  to  seize  animals  from  those  districts  nearer  than  they  to 
the  region  whence  animals  were  imported.  Of  necessity,  then,  they 
kidnapped  and  sold  or  held  for  ransom  women  and  children  from  those 
districts. 

138.  Cases  illustrating  seizure  and  kidnapping. — The  following 
instances  actually  occurred  in  times  past.  They  are  excellent  and 
veritable  illustrations  of  this  phase  of  Ifugao  administration  of  justice : 

Bahni  of  Tupplak  spoke  scornfully  of  Bumidang  of  Palao.  Some  time  sub- 
sequently he  sent  a  man  to  buy  carabaos  in  Nueva  Vizeaya.  The  man  bought 
two,  and  returned  on  the  homeward  journey,  travelling  through  Palao.  Bumi- 
dang took  one  of  the  carabaos  away  from  him  there,  and  with  his  kin,  killed  it 
and  ate  it.  Bahni  with  his  kin  shortly  afterward  went  to  the  house  of  Dulau- 
wan  of  Bangauwan,  a  neighboring  village,  and  stole  away  with  Dulauwan's 
carabao.  Dulauwan  followed  after  them,  hotfoot,  and  was  given  as  patang 
three  pigs,  and  told  to  collect  his  carabao  from  Bumidang.  Dulauwan  gathered 
together  a  great  host  of  kinsmen  and  neighbors,  descended  on  Bumidang 's 
house,  and  camped  there  demanding  three  carabaos.  To  show  that  they  meant 
to  get  them,  they  helped  themselves  to  rice  needed  for  their  daily  food  from 
Bumidang 's  granary.  Bumidang  was  unable  to  get  together  a  sufficient  force 
to  frighten  away  his  guests,  and  accordingly  he  paid  the  three  carabaos. 

Ginnid  of  Umbul  presented  a  demand  to  Guade  for  the  payment  of  a  long- 
outstanding  debt.  Guade  denied  that  the  debt  was  owed.  Ginnid  seized  Guade 's 
field.  Each  party  led  a  force  of  kinsmen  to  the  field.  There  they  fought  with 
spears  and  shields.  The  first  man  wounded  was  Tului  of  Pingungan,  a  kins- 
man of  Guade.  He  received  a  slight  wound.  Guade 's  party  then  withdrew. 
Guade  paid  the  debt,  and  got  his  field  back. 

Gumangan  of  Ambabag  when  a  youth,  sent  an  advocate  to  ask  for  the  hand 
of  the  daughter  of  M  of  Umbul.  He  was  accepted.  But  he  changed  his  mind  about 
the  girl,  and  went  to  Baininan,  where  he  engaged  himself  to  a  girl  of  that 
village  without  assuaging  the  mental  agony  of  his  jilted  fiancee  by  paying  the 
hudhud  indemnity.  M  seized  a  carabao  belonging  to  Gumangan.  Gumangan 
gathered  together  his  kin  and  went  to  Umbul — only  a  quarter  of  a  mile  distant 
— to  prevent  the  slaughter  of  his  animal.  But  M's  party  was  so  much  more 
powerful  that  Gumangan 's  kin  ran  away.  M's  party  then  killed  and  ate  the 
carabao. 

Gumangan  married  in  Baininan,  and  bearing  in  mind  his  former  humiliation, 
decided  to  do  something  that  would  restore  his  prestige  and  at  the  same  time 
assure  him  a  sufficiently  large  body  of  followers  to  make  him  strong  to  demand 
and  to  resist  demands.  He  consequently  gave  a  great  uyauwe  feast  at  which 
the  unheard  of  number  of  six  carabaos  was  slaughtered,  to  say  nothing  of 
innumerable  pigs.  And  later,  he  gave  the  hagabi  feast — an  even  more  expensive 
operation. 

Dumalilon  of  Tupplak  borrowed  a  carabao  of  Gumangan.  Five  years  elapsed, 
yet  he  made  no  move  to  repay  the  debt,  notwithstanding  repeated  demands  of 
Gumangan.      Gumangan    seized    Dumalilon 's    field,    which    had    already    been 


1919]  Barton:  If ugao  Law  105 

spaded,  and  threw  his  Beed-bed  away.  Both  men  led  armed  parties  to  the  field, 
but  this  time  Gumangan  was  careful  to  have  a  sufficient  number  of  backers 
on  hand.     Dumalilon's  party  took  to  flight. 

In  Burnai,  a  fight  occurred  over  the  seizure  of  a  rice  field  that  resulted  in 
the  killing  of  four  men. 

Kodamon  of  Pindungan  and  Katiling  of  Ambabag"  had  a  dispute  over  the 
boundary  of  a  field.  There  were  paghok  to  mark  the  boundary,  but  Kodamon 
contended  that  all  memory  of  the  planting  of  the  -paghok  was  absent,  and  that 
tluy  were,  consequently,  without  significance  in  the  matter  of  dispute.  They 
wrestle. 1.  and  Kodamon  lost  a  little  ground,  but  Katiling  tried  to  take  more 
than  was  due  him  according  to  the  verdict  of  the  wrestling  matches.  Katiling 
sent  men  to  spade  the  disputed  territory,  and  led  an  armed  force  out  to  sup- 
port them.  Kodamon  led  an  armed  force  to  the  field.  At  the  same  time  and 
at  a  safe  distance,  the  mutual  kin  of  the  two  parties  and  a  goodly  number  of 
neighbors  gathered.  Kodamon  was  armed  with  a  Remington  rifle  whose  trigger 
was  broken;  Dulinayan,  a  kinsman  of  Katiling,  with  a  revolver  for  which  he 
had  no  ammunition.  The  other  members  of  each  force  however  were  sub- 
stantially, if  less  spectacularly,  armed  with  spears  which  they  well  knew  how 
to  use.  Women  rushed  in  between  the  two  parties,  and  catching  the  warriors 
by  the  waist  tried  to  lead  them  away.  One  can  well  believe  that  the  air  was 
riven  by  curses,  threats,  accusations,  upbraidings,  imprecations,  invocations. 
The  male  neutral  kin  shouted  from  their  safe  distance  that  if  Kodamon  killed 
Katiling,  they  would  kill  Kodamon  (as  a  vengeance  for  the  death  of  their 
kinsman)  while  if  Katiling  killed  Kodamon,  they  would  avenge  their  kinsman's 
death  by  killing  Katiling.  "What  kind  of  a  way  is  this  for  co-villagers  to 
settle  a  dispute,"  they  shouted.  "Go  back  home  and  beget  some  children, 
and  marry  them  to  each  other,  giving  them  the  two  fields,  and  then  it  will  make 
no  difference  where  the  division  line  is!"  There  was  an  exchange  of  spears 
in  which  Buaya,  a  kinsman  of  Kodamon 's,  was  wounded  slightly.  The  matter 
was  then  left  in  abeyance  with  the  understanding  that  as  soon  as  possible,  the 
two  families  be  united  by  a  marriage,  and  the  two  fields  given  the  married 
couple. 

It  happened,  however,  that  on  account,  of  the  sexes  of  the  unmarried  children 
of  the  families,  a  union  between  them  was  impossible.  Accordingly,  Kodamon 
gave  his  field  to  his  son  Dulnuan,  and  Katiling  traded  his  field  to  Pingkihan,  his 
brother.  Both  of  these  young  men  had  pregnant  wives.  Pingkihan 's  wife  gave 
birth  first,  the  child  being  a  girl.  Shortly  afterward,  Dulnuan 's  wife  gave 
birth.  I  met  Dulnuan,  and  not  knowing  of  the  event,  and  noticing  that  he 
seemed  downcast,  asked- him  why  he  was  so  sad.  "My  wife  has  given  birth  to 
a  girl  baby,"  he  said.     The  quarrel  over  the  boundary  is  as  yet  unsettled. 

Kuyapi  of  Nagakaran,  before  the  Spanish  occupation,  sent  a  slave  child  to 
Guminigin  of  Baay,  to  be  sold  in  Baliwan  (Nueva  Vizcaya),  stipulating  that  the 
child  must  bring  at  least  five  carabaos.  Guminigin  sold  the  child  for  seven 
carabaos,  delivering  five  to  Kuyapi,  and  kept  two. 

The  Spaniards  came.  They  were  exceedingly  partial  to  the  people  of 
Kiangan  district  in  which  the  village  of  Baay  is  located.  They  paid  little  or 
no  attention  to  complaints  of  people  of  other  districts  against  people  of  Kiangan 
district.      Many    debts    owed    by    Kiangan   people    were    unpaid,    for    the    Kian- 


23  The  villages  of  Pindungan  and  Ambabag  are  less  than  a  mile  distant  from 
each  other. 


106  University  of  California  Publications  in  Am.  Arch,  and  Etlin.      [Vol.  15 

ganites  took  advantage  of  the  protection  given  them  by  the  Spaniards.  And 
yet  the  Nagakaranites  and  Kianganites  were  very  closely  united  by  marriage 
and  by  blood.     Indeed  Kuyapi  and  Guminigin  were  second  or  third  cousins. 

Owing  to  the  difficulty  the  Nagakaran  people  had  in  collecting  debts  owed 
them  by  the  Kianganites,  they  conceived  for  the  latter  and  for  the  Spaniards 
a  most  violent  hatred,  and  began  to  make  reprisals.  The  Spaniards  punished 
these  reprisals  by  making  an  expedition  to  Nagakaran  in  which  they  came  off 
second  best.24  They  sent  another  and  stronger  expedition,  which  killed  a 
number  of  people  and  which  burned  all  the  houses  in  the  district.  To  this  day 
the  Nagakaran  people  have  not  been  able  to  rebuild  their  houses — the  large 
trees  having  long  since  been  cut  from  nearby  forests — and  live  in  wretched 
shacks  built  on  the  ground.  They  blame  the  Kiangan  people,  saying  that  the 
latter  invited  the  Spaniards  into  Ifugao. 

Kuyapi  claimed  that  the  terms  on  which  he  sent  the  slave  to  Guminigin 
were  that  Guminigin  was  to  receive  only  one  carabao  for  having  effected  a 
sale,  and  that  all  the  rest  were  to  be  delivered  to  him,  and  that  there  was 
consequently  a  carabao  still  due  him.  It  seems  likely  that  the  claim  was 
false,  and  that  it  was  advanced  merely  as  an  excuse  for  making  a  reprisal. 

Pagadut,  the  son  of  Guminigin,  to  whom  demand  was  presented  for  the 
payment  of  the  carabao  claimed  to  be  yet  due,  refused  to  pay  this  debt.  The 
Nagakaran  people  made  an  expedition  into  Kiangan  district  (about  two  miles 
distant)  and  captured  Ormaya,  the  daughter  of  Pagadut,  a  very  comely  girl 
of  sixteen  or  seventeen.  In  order  to  make  her  walk,  and  in  order  that  she 
should  not  continually  offer  resistance,  they  took  her  skirt  off  so  that  she  would 
•have  to  cover  her  shame  with  her  hands  and  would  also  hurry  to  arrive  at  the 
journey's  end. 24a  But  the  Baay  people  managed  to  cut  off  Lubbut  the  son  of 
Kuyapi,  and  imprison  him.  They  took  him  to  a  granary  in  Baay,  intending 
to  keep  him  as  a  hostage  for  the  return  of  Ormaya.  But  word  was  carried  to 
the  ears  of  the  Spanish  commandante  of  this  capture.  He  had  Lubbut  brought 
before  him.  He  struck  Lubbut,  tied  although  he  was,  twice  in  the  face,  and 
would  have  continued,  had  not  Alangwauwi  the  husband  of  Ormaya  seized  and 
held  his  arm  and  beseeched  him  not  to  use  Lubbut  harshly.  The  commandante 
promised  not  to  take  his  life.  But  a  soldier  called  attention  to  the  fact  that 
a  gun  had  been  captured  with  Lubbut,  which  gun,  it  was  claimed,  was  that  of 
a  Spanish  corporal  whom  the  Nagakaran  people  had  killed.  Alangwauwi  and 
his  companions  started  back  to  their  homes  in  Baay.  But  on  the  road,  they 
saw,  across  the  valley,  Lubbut  with  his  back  turned  to  a  firing  squad,  saw  a 
puff  of  white  smoke,  and  saw  Lubbut  fall  into  a  rice  field.  Alangwauwi  says 
he  burst  into  tears  for  he  realized  that  this  meant  serious  trouble  for  him  and 
his  relatives,  and  placed  Ormaya 's  life  in  the  greatest  peril. 

When  the  Nagakaranites  heard  of  Lubbut 's  death,  they  at  first  blamed 
the  people  of  Baay  for  it.  Inasmuch  as  it  is  against  the  ethics  of  people  of 
the  Kiangan-Nagakaran-Maggok  area  to  kill  women,  or  at  least  to  kill  any  but 
Silipan  women,  they  considered  walling  Ormaya  up  in  a  sepulchre  and  leaving 
her  to  die  for  want  of  food  and  drink.  The  women  relatives  of  Lubbut  wanted 
very  much  to  kill  Ormaya,  and  pointed  out  that  while  it  would  not  be  per- 
missible for  the  men  to  kill  her,  there  would  be  no   disgrace  in  their   doing 


24  The  Nagakaran  people  claim  that  only  five  out  of  forty  of  the  first 
expedition  returned. 

24a  This  was  the  usual  method  of  treating  kidnapped  persons.  It  is  interest- 
ing to  note  an  almost  parallel  practice  on  the  part  of  the  Allies  in  the  present 
war.  When  prisoners  are  taken,  the  buttons  are  cut  off  their  clothing,  in  order 
to  keep  their  hands  engaged  during  the  march  to  the  rear. 


L919  1  Barton  :  Ifugao  Law  L07 

so.     But  Kuyapi  would  have  none  of  it.     He  himself  guarded  his  prisoner  two 
or  throe  nights  to  see  thai   her  Life  was  nol   taken. 

Soon  a  monkalun  was  senl  to  ascertain  the  true  details  of  Lubbut's  death. 
His  report  exonerated  the  Baay  people.  The  Nagakaran  people  held  Ormaya's 
ransom  considerably  higher,  however,  because  of  that  death.  They  received 
five  carabaos,  twenty  pigs,  two  gold  beads,  and  a  greal   number  of  spears  and 

bolos,  and  death  blankets.     M    was  five  months  before  the  Baay   | pie  could 

raise  the  amount  of  this  ransom.     During  this  time,  Ormaya  was  well  treated — 
for  was  she  nol  a  kinswoman.' — but  she  was  carefully  guarded. 


THE   PAOWA  OR   TRUCE 

139.  Tin  usual  sens<  of  the  term  "paowa". — The  word  paowa 
moans  lit. Tally  prohibition.  As  most  commonly  used,  it  denotes  a 
period  of  truce  imposed  by  the  monkalun  in  cases  that  cannot  be  peace- 
ably arranged.  It  is  a  period  that  gives  both  sides  to  a  controversy  a 
chance  to  cool  off.  It  avoids  that  rash  and  ill-considered  action  that 
would  be  likely  to  follow  the  breaking  off  of  diplomatic  relations  be- 
tween the  two  parties. 

I  say  the  paowa  serves  these  purposes.  However,  it  is  imposed  by 
the  monkalun  in  order  to  allow  him  to  withdraw  with  dignity  f rom  •" 
the  ease,  and  without  loss  of  reputation.  A  lance  throwing  or  a  seizure 
made  while  he  is  acting  as  monkalun  or  occurring  soon  after  he  has 
severed  his  connection  with  the  case  is  an  insult  to  him.  People  say 
to  him:  Dinalan-da  tolban-mo,  "they  went  over  your  head."  Such 
an  occurrence  is  exceedingly  hurtful  to  his  reputation.  People  will  not 
employ  him  as  monkalun  for  the  reason  that  his  cases  do  not  end  in 
peaceable  settlements.    He  thus  loses  many  fat  fees. 

Assuming  that  the  Ifugao 7s  culture  would  some  day,  if  left  alone, 
develop  courts  somewhat  after  the  fashion  of  the  courts  of  civilized 
nations,  have  we  not  here  the  embryo  of  "contempt  of  court"? 

The  period  usually  set  by  the  monkalun,  as  truce,  is  fourteen  days. 
During  this  time,  should  one  of  the  parties  to  the  controversy  commit 
any  act  hostile  to  the  other,  the  monkalun  must  avenge  or  punish  it. 
At  the  conclusion  of  this  period  of  truce,  the  two  parties  may  fight  out 
the  dispute  to  suit  themselves,  kidnapping,  seizing  property,  or  hurl- 
ing lances,  without  injuring  the  dignity  of  the  monkalun:  or  the 
aggressive  party  may  employ  another  monkalun. 

140.  Another  senst  of  thi  term  "paowa". — Should  a  wife  have 
committed  a  crime  against  the  marital  relation,  and  should  her  hus- 
band be  unable  for  any  reason  to  collect  the  gibu  due  him  in  the  case, 
he  may  put  a  prohibition  on  her  marrying  any  other  man  until  the  gibu 
be  paid. 


108  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

TERMINATION  OF  CONTROVERSIES:    PEACE-MAKING 

141.  The  hidit  or  religious  aspects  of  peace-making. — The  word 
hidit  has  three  senses :  It  refers  to  a  class  of  deities,  the  offspring  of 
one  of  the  principal  deities  of  war ;  it  refers  to  sacrifices  to  these  deities ; 
it  refers  to  peace-making.  Deities,  sacrifice,  and  peace  may  seem 
widely  distinct,  but  a  glance  into  the  Ifugao's  religion  will  show  the 
connection. 

The  hidit  (deities)  desire  peace:  but  the  peace  must  be  made  in 
the  proper  manner,  and  accompanied  by  sacrifice  to  themselves.  The 
hidit  have  established  the  taboo  that  those  who  are  involved  in  a 
controversy  or  enmity  must  not  chew  betels  with  an  adversary,  nor 
be  in  the  same  house  or  gathering  or  feast  with  him,  nor  drink  with 
him,  nor  receive  gifts  or  hospitality  from  him.  The  penalty  for  break- 
ing this  taboo  is  the  affliction  by  the  hidit  with  diseases  of  the  lungs, 
throat,  voice;  the  condition  known  as  "big  belly,"  leukaemia,  short 
wind,  swelling  of  the  feet,  dropsy,  etc.  .  This  may  be  said  to  be  the 
punishment  for  making  peace  without  ceremonies.  But  sometimes  the 
hidit  punish  the  prolongation  of  a  feud,  enmity  or  controversy,  by 
afflicting  one  or  both  of  the  parties  as  set  forth  above.  Those  who 
are  involved  in  long  enmities  sacrifice  continually  to  the  hidit  in  order 
to  offstand  such  affliction. 

The  hidit  or  peace-making  ceremony  is  performed  in  the  following 
cases : 

(a)  At  the  termination  of  the  funeral  of  a  married  person.  It  is 
performed  between  the  kin  of  the  dead  spouse  and  between  those  of 
the  living  spouse. 

(&)  Between  adversaries  in  case  of  adultery,  rape  of  married 
woman,  sorcery,  murder,  manslaughter,  malicious  killing  of  animals, 
false  accusation,  disputes  over  rice  fields,  theft  (sometimes),  or  other 
serious  controversy,  provided  the  controversy  terminate  peaceably. 

(c)  At  the  peaceful  termination  of  all  ordeals  and  trials. 

(d)  Between  the  kin  of  a  dead  spouse  and  the  widow  or  widower  on 
occasion  of  remarriage  of  the  latter. 

(e)  Between  parties  to  a  controversy  ending  in  payment  of  the 
tokom  fine. 

(/)  At  the  termination  of  a  feud,  between  the  families  involved  in 
the  feud.  A  feud  was  rarely — my  belief  is  that  it  was  never — termi- 
nated except  by  a  marriage  or  on  request  of  one  of  the  members  of  the 
family  afflicted  by  the  hidit  deities.    In  the  latter  case,  peace  might  or 


1919]  Barton:  Ifugao  Law  109 

might   not   be  purchased.     At  any   rate,  the  family  suing  for  peace 
furnished  the  animals  for  sacrifice. 

In  mosl  parts — I  believe  all — of  Ifugao,  peace  was  never  made 
between  districts  or  villages.  Peace  was  always  made  between  families; 
but  peace  between  the  principal  families  of  two  villages  or  districts 
was  sometimes  in  effect  a  peace  between  the  districts  or  villages 
involved — I  say  sometimes  because  such  a  peace  was  uncertain  and 
independable. 

When  peace  was  made  between  families  of  different  districts,  or 
between  families  of  the  same  district  in  cases  of  serious  controversy, 
two  men  were  chosen,  one  by  each  party  to  the  peace,  and  with  appro- 
priate prayers  and  ceremonies,  were  given  good  spears.  It  was  under- 
stood always  that  these  spears  were  for  the  purpose  of  killing  the  first 
one  of  either  party  who  reopened  the  feud,  war,  or  controversy.  After 
this  ceremony,  other  spears  were  broken  and  tied  together  as  a  symbol 
of  the  breaking  and  tying  up  of  all  enmity;  as  a  symbol,  too,  that 
spears  were  no  longer  needed. 


AN  INTER-VILLAGE  LAW 

142.  Neutrality. — When  a  war  expedition  or  party  passed  through 
a  village  en  route  against  another  village,  the  intermediate  village 
might  signify  its  neutrality  by  casting  a  spear  at  the  party.  The  spear 
never  struck  a  member  of  the  party,  of  course,  uor  was  its  casting 
taken  as  an  unfriendly  act.  It  was  merely  a  declaration  of  neutrality. 
Should  a  village  fail  to  cast  a  spear  in  these  circumstances  at  such  a 
party,  the  people  of  it  would  be  held  as  enemies  and  accomplices  of 
the  members  of  the  war  party. 


110  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 


APPENDICES 

APPENDIX  1:    IFUGAO  RECKONING  OF  RELATIONSHIP 

All   Ifugao   words   denoting   relationships   except   the   words   for 
father  and  mother  are  common  in  gender. 
To  any  individual  of  any  generation : 

1.  All  his  kin  of  his  own  generation  are  tulang  (brothers,  sisters). 

2.  All  children  of  his  kin  of  his  own  generation  are  anak  (sons, 
daughters). 

3.  All  grandchildren,  great-grandchildren,  etc.,  of  his  kin  of  his 
own  generation  are  apo  (grandsons,  granddaughters). 

4.  All  kin  of  the  same  generation  as  his  father  and  mother  are  ama 
or  ina  (father  or  mother). 

5.  All  kin  of  the  same  generation  as  his  grandparents,  great-grand- 
parents, etc.,  are  apo  (grandparents). 

6.  All  relatives  by  marriage  who  are  the  husbands  and  wives  of 
the  kin  of  the  same  generation  are  aidu  (brother-in-law,  sister-in-law). 

7.  All  relatives  by  marriage,  the  husbands  and  wives  of  the  kin  of 
the  generation  of  his  father  and  mother,  are  amaon  or  inaon. 

8.  The  father  or  mother  of  his  wife  are  ama  or  ina  (father  or 
mother),  by  courtesy. 

9.  The  kin  of  the  father  or  mother  of  his  wife  are  tulang  di  ama 
(or  ina)  'n  di  inay-ak  (kin  of  the  father,  or  mother,  of  my  wife). 

In  the  Benaue  district,  the  kin  of  one's  father  or  mother,  in  addi- 
tion to  being  called  father  or  mother,  are  also  called  ulitao  (uncle  or 
aunt),  and  the  husbands  or  wives  of  the  ulitao  are  called  ulitaon 
(uncles-in-law,  aunts-in-law).  The  son  or  daughter  of  a  kinsman  or  a 
kinswoman  of  the  same  generation  in  addition  to  being  called  son  or 
daughter  of  one's  self  is  called  amanaon. 

APPENDIX  2:    CONNECTION  OF  RELIGION  WITH  PROCEDURE 

An  Ifugao  myth. — Partly  because  of  its  connection  with  the  Ifugao 
marriage  ceremony,  partly  because  it  illustrates  so  well  the  use  to 
which  the  Ifugao  puts  his  myths — rarely  telling  them  for  amusement, 
but  reciting  them  in  religious  ceremonies  as  a  means  to  magic — and 
partly  because  it  is  so  characteristically  Ifugao,  I  have  decided  to 
append  the  following  myth,  despite  the  fact  that  it  might  more 
properly  appear  in  a  work  on  religion. 


1919]  Barton:  Ifugao  Law  111 

Most  of  the  Ifugao's  myths  have  either  been  invented  or  if  not 
invented,  changed,  for  the  purpose  of  affording  an  analogy  to  the  solu- 
tion of  the  difficulties  or  misfortunes  that  confront  men  today.  The 
Ifugaos  have  a  myth  telling  of  a  great  flood,  whose  only  survivors 
were  a  brother  and  sister — Balitok  and  Bugan.  In  chagrin  and  shame 
because  her  brother  has  gotten  her  with  child.  Bugan  flees  into  the 
East  Region  to  seek  destruction  from  the  terrors  there.  They  refuse 
to  destroy  her,  but  teach  her  how  to  take  the  curse  off  marriages 
between  kindred  by  the  sacrifice  of  two  pigs,  a  male  and  female  of  the 
same  litter.  Notice  how  a  flood  myth — an  element  in  the  mythology  of 
nearly  every  people  under  the  sun — has  been  modified  and  made  to 
serve  a  magic  purpose. 

The  myth  given  below  is  a  further  and  utterly  inconsistent  modi- 
iication  of  this  flood  myth.  In  the  myth  above,  Balitok  and  Bugan 
are  represented  as  having  a  child  and  not  wanting  it — in  the  myth 
below,  they  have  no  child  but  want  one. 

The  ceremony  of  using  a  myth  to  serve  a  religious  end  consists  of 
two  parts.  The  first  is  the  recitation  of  the  myth  by  the  priest.  This 
is  called  bukad.  In  affords  an  analogy  to  the  condition  of  sickness, 
war,  famine,  harvest,  union  in  marriage,  or  what  not,  in  which  the 
performers  of  the  ceremony  find  themselves,  and  the  happy  solution 
of  the  problem.  It  is  terminated  by  what  I  term  the  fiat.  This  is  an 
expression  of  the  priest's  will  that  the  happy  solution  related  in  the 
myth  shall  be  existent  in  the  present  situation.  It  is  not.  I  think,  the 
fact  of  the  priest's  will  that  is  thought  to  bring  about  the  solution  so 
much  as  the  compelling  and  magic  power  of  his  spoken  word  to  that 
end. 

Up  to  this  stage,  the  ceremony  is  sympathetic  magic.  In  the  second 
stage  it  becomes  witchcraft,  and  is  called  tulud,  "pushing."  In  it 
the  priest  "pushes"  the  deities  of  the  myth  over  the  route  from  their 
habitations  in  the  Skyworld,  the  Underworld,  the  East  Region,  the 
West  Region,  or  wheresoever  they  may  abide,  step  by  step  to  the  village 
of  the  Ifugaos  performing  the  ceremony.  He  may  recite  their  passage 
through  as  many  as  thirty  or  forty  localities,  and  as  the  priest  drones : 
"They  climb  the  steep  at  Nunbalabog;  they  descend  at  Baat.  they 
wade  at  Monkilkalney, "  etc.,  the  compelling  power  of  his  spoken 
word  "pushes"  the  deities  along.  Finally  the  deities  arrive  and 
declare  through  the  priest  that  they  will  confer  the  benefits  requested. 

This  myth  is  employed  in  all  of  the  final  ceremonies  of  marriage, 
and  in  all  ceremonies  of  married  persons  that  have  the  obtaining  of 


112  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

children  as  their  object.     The  translation  is  absolutely  literal  and    . 
without  embellishment. 

How  Balitok  and  Bugan  obtained  children. — And  it  is  said  that  Bugan  and 
Balitok  of  Kiangan  were  childless.  ' '  What  is  the  use  [of  living]  ? ' '  said  Bugan. 
' '  Stay  here,  Balitok.  I  am  going  to  go  to  the  East  Country.  I  will  see  Ngilin, 
Umbumabakal,  Dauwak,  Pinyuhan,  Bolang,  and  the  Gods  of  Animal  Fertility 
of  the  East. ' '  She  got  betels  together  and  packed  them.  Bugan  and  Balitok  ate. 
After  finishing,  they  chewed  betels. 

Bugan  put  her  pack  on  her  head  and  started.  She  came  to  Baladong  [Ligaue 
Gap].  She  went  on  to  Kituman.  Went  eastward  to  Ulu.  Forded  at  Agwatan. 
Encountered  the  Fire  at  Bayukan.  He  [the  Fire]  asked,  "Where  are  you 
going,  Bugan?" 

"I  am  going  into  the  East  Eegion,"  said  Bugan,  "because  we  are  childless, 
Balitok  and  I.  I  am  going  to  find  some  one  to  devour  me,  because  we  are  very 
lonely."  Fire  laughed.  "Do  not  feel  so,  Bugan,"  he  said,  "  keep  going  east- 
ward until  you  come  to  Ngilin,  Umbumabakal,  and  the  deities  of  the  East 
Eegion." 

Bugan  put  her  pack  on  her  head  and  continued  to  Balahiang.     She  came  to 
the  lake  [or  ocean (?)]  at  Balahiang.     She  aroused  the  Crocodile. 
"Who  are  you,  human?"  said  the  Crocodile. 
"I  am  Bugan  of  Kiangan." 

"And  why  is  it,"  said  the  Crocodile,  "although  the  Flood  of  the  East  Region 
and  the  Flood  of  the  West  Eegion  came  upon  me  and  fear  to  arouse  me,  that 
you,  Bugan,  a  [mere]  human,  [presume  to]  molest  me?" 

'  <  Yes, ' '  said  Bugan,  ' '  that  was  my  intention ;  for  I  am  searching  for  some- 
one to  devour  me. ' ' 

"Why?"  said  the  Crocodile. 

"Yes,  for  I  have  become  very  lonely;  for  Balitok  and  I  have  no  children." 

The   Crocodile   chuckled.     "Oh,   I   will   not   devour   you,   Bugan,"   he   said. 

"I  would  shame  to  devour  one  so  beautiful.     Continue  on  eastward,  and  arrive 

at  the  dwelling  of  the  Shark.     Wake  him  up,  in  order  that  he  shall  be  the  one 

to    devour    you. ' ' 

Bugan  thought  well  of  it.  She  put  her  pack  on  her  head.  She  went  on 
eastward  and  came  to  the  waters  where  dwells  the  Shark.  It  was  fear-inspiring, 
and  caused  her  to  exclaim  " Inay ! "  She  was  terrified,  but  she  conquered  her 
fear.  She  reached  for  betels,  and  threw  them  between  her  teeth.  She  crushed 
them.  They  became  like  blood.  Bugan  spat  into  the  waters.  She  beheld  a 
great  wave  circle.  The  Shark  came  into  sight.  He  grunted. 
"Who  are  you,  human?"  he  said. 

"I  am  Bugan,  the  wife  of  Balitok  at  Kiangan,"  she  said. 
"And  why  is  it  that  you  arouse  me,  human?     And  there  come  the  Strong 
Wind  of  the  East  and  the  Strong  Wind  of  the  West,  and  they  arouse  me  not; 
for  I  am  ferocious  here  in  the  East  Region.    Yet  you,  Bugan,  the  wife  of  Balitok 
at  Kiangan,  you  arouse  me?" 

"Yes,  that  is  what  I  purpose,"  said  Bugan,  "for  I  am  looking  for  someone 
to  devour  me." 

The  Shark  chuckled.     "Why?"  he  said. 

"Yes,  for  I  want  to  be  devoured  because  Balitok  and  I  have  no  children." 
"I  would  shame  to  do  so,  for  you  are  a  beautiful  woman.     Come  into  my 
house  in  the  Waters  in  order  that  we  may  eat." 
Bugan  entered  .     They  ate. 


1919]  Barton:  Ifugao  Law  113 

"Continue,"  said  the  Shark,  "into  the  East  Begion.  Go  unto  the  dwellings 
of  tJmbumabaka]  and  the  Gods  of  Animal  Fertility." 

Bugan  rose  to  the  surface  of  the  waters,  and  on  the  beach  again  put  her 
pack  on  her  head.  She  continued  the  journey.  She  came  to  Lumbut,  to  the 
house  of  Umbumabakal.  The  house  was  covered  with  enormous  ferns.  It 
terrified  her.  She  threw  betels  between  her  teeth,  and  put  down  her  Pear. 
She  passed  through  the  gate  of  the  enclosure  about  the  house,  and  sat  down  on 
the  rice  mortar.  In  the  evening  of  the  day  Umbumabakal  came  down,  lie  was 
looking  for  something  to  eat.  He  passed  through  the  gate.  Bugan  hid  herself 
in  a  large  wooden  bucket.     Umbumabakal  kept  sniffing  the  air. 

••Why  is  it  that  there  is  something  human  here  now,"  he  said,  "yet  noth- 
ing of  the  kind  has  ever  happened  before?" 

He  sought  for  Bugan.     He  found  her  in  the  bucket. 

'•  Why,  human,  are  you  here?"  he  said. 

"I  am  Bugan,  the  wife  of  Balitok. " 

"Why  do  you  come  here,  Bugan,  wife  of  Balitok?"  he  said. 

"Because  I  want  to  be  devoured." 

' '  Why  I ' ' 

"Yes,  for  we  are  childless  at  Kiangan. " 

"Umbumabakal  laughed.  "Well,"  said  he,  "tomorrow  we  will  go  to  the 
dwelling  of  Ngilin  and  the  other  Gods  of  Animal  Fertility." 

On  the  morrow  they  visited  the  various  Gods  of  Animal  Fertility.  They 
gathered  pigs  and  chickens  as  gifts  to  Balitok  and  Bugan.  "Beturn  to 
Kiangan,"  they  said.    "We  will  go  with  you." 

[At  this  point,  some  priests  change  the  myth  into  a  tulud,  while  some  con- 
tinue it  as  a  myth.     We  will  here  insert  the  method  of  this  change.] 

[Fiat  by  the  priest,  i.e.,  a  statement  of  the  priest's  will:]  It  is  not  formerly, 
but  now;  not  to  Kiangan  that  they  come  but  here  to  our  village  of  X,  in  order 
that  they  relieve  A  and  B  of  childlessness;  in  order  that  they  increase  the 
life  here  in  our  village  of  X.  They  bring  children  and  pigs  and  chickens  and 
miraculous  increase  of  rice  to  A  and  B  here  in  our  village  of  X. 

They  return  to  Lumbut.  They  come  west  to  Agab.  They  continue  to  X. 
[Here  follows  a  detailed  "pushing"  of  the  party  from  the  East  Begion  to 
the  village  in  which  the  priest  is  performing  the  invocation,  and  to  the  house 
of  the  childless  couple.]  They  look  up.  "Why,  it  is  our  children  in  X,"  they 
say. 

"Yes,"  [says  the  priest,]  "for  they  are  childless.  Give  them  children.  Let 
some  be  male  and  some  be  female.  Let  there  be  a  myriad  of  shields  [figura- 
tively: men]  and  a  myriad  of  tudong  [women's  sweet  potato  baskets;  figura- 
tively: women]  here  in  our  village  of  X.  Let  the  pigs  and  the  chickens  become 
many.  May  the  rice  be  miraculously  increased.  Bring  us  much  life  here  in  our 
village  of  X. 

[If  the  priest  does  not  change  the  myth  to  a  tulud  at  the  point  above,  he 
continues  it  as  follows:  ] 

They  continued  with  Bugan  to  Kiangan.  They  gathered  together  the 
"sitters"  [priests]  at  Kiangan.  They  sacrificed  the  pigs  and  the  chickens. 
The  Gods  of  Animal  Fertility  taught  them  how  to  perform  the  bubun  ceremony. 
They  divided  [as  a  tribute]  the  meat  with  Ambahing  [wdio  takes  semen  from  the 
womb  of  women  and  carries  it  off  in  his  hip  bag]  and  with  Komiwa  [who  stirs 
up  semen  in  the  womb  so  that  conception  is  prevented]. 

Bugan  and  Balitok  multipied  at  Kiangan.  There  came  to  be  a  myriad  of 
shields  [men]  and  a  myriad  of  sweet-potato  baskets  [women]   in  Kiangan.     The 


114  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

pigs  and  the  chickens  became  many.  Their  children  scattered  throughout  the 
hills  of  Pugao  [the  Ifugao's  earth].  The  rice  dikes  climbed  up  the  mountains. 
The  hills  smoked  day  by  day  [from  the  burning  off  of  clearings  for  sweet- 
potatoes].     Life  was  miraculously  increased. 

[Fiat  by  the  priests:]  It  is  not  then  but  now;  not  in  Kiangan,  but  here  in 
our  village  of  X.  It  shall  be  the  same  with  these  children,  A  and  B.  Their 
children  will  be  many.  Let  some  be  male  and  some  female.  Let  their  pigs  and 
the  chickens,  etc.,  etc. 

[Tulud.]  "We  will  go  now,"  said  Umbumabakal.  "All  right,"  said 
Bugan.     "There  is  a  calling  above,"  said  Ngilin. 

"Have  you  kin  yonder?"  said  Umbumabakal. 

' '  Yes, ' '  said  Bugan,  ' '  we  have  kin  in  the  village  of  X.  " 

' '  Let  us  thither, ' '  say  the  Gods  of  Animal  Fertility.  They  come  westward 
to  Tulbung.  They  continue  to  X.  [The  priest  "pushes"  the  deities  step  by 
step  on  the  way  to  the  village  in  which  he  is  performing  the  invocation.  When 
they  arrive,  the  same  occurs  as  shown  in  the  tulud  inserted  above.] 

The  halupe  feast. — The  halupe  are  a  class  of  deities  that  keep 
an  idea  constantly  before  the  mind  of  one  whom  they  are  sent  to 
harass.  They  are  most  frequently  used  against  debtors ;  but  they  may 
be  sent  to  soften  the  wrath  of  an  enemy  or  the  stubbornness  of  a  pretty 
girl,  or  for  other  purposes.  They  are  induced  to  serve  the  end  of  him 
who  invokes  them  by  the  sacrifice  of  a  pig  or  chicken  and  by  offerings 
of  betels  and  rice  wine.     There  are  about  a  hundred  of  these  deities. 

After  the  ancestral  spirits  have  been  invoked,  and  beseeehed  to 
intercede  with  the  halupe  for  the  purpose  desired,  the  halupe  them- 
selves are  invoked,  in  some  such  words  as  the  following : 

"Ye  halupe  of  the  Skyworld,  of  the  Underworld,  of  the  West  Region,  and 
of  the  East  Region,  are  beseeehed  to  attend.  It  is  prayed  ye  that  ye  go  and 
harass  (name)  so  that  he  will  not  sleep  for  thinking  of  his  debt  to  me.  If 
he  goes  to  get  water,  go  with  him;  if  he  goes  to  get  wood,  go  with  him;  if  he 
goes  on  a  trading  trip;  go  with  him.  Harass  him  to  the  extent  that  he  will 
give  me  his  pigs,  his  rice,  his  chickens,  his  death  blankets,  his  money,  his  rice 
fields,  his  "irons,"  his  house  furnishings:  [There  is  no  danger  of  asking 
too  much  of  a  deity  or  a  white  man !  ]  May  the  speech  of  the  go-between  make 
him  ashamed  to  refuse !     Do  not  let  him  sleep  till  he  pays  the  debt. ' ' 

A  subclass  of  the  halupe  deities  have,  for  their  especial  function, 
the  soothing  of  obstinate  debtors  so  that  they  may  not  get  angry  at  the 
words  of  the  go-between,  nor  run  away  from  him  when  they  see  him 
coming.    These  are  also  invoked. 

The  priest  then  is  possessed  by  the  halupe  one  by  one,  and  through 
him,  each  of  the  halupe  takes  a  sip  of  rice  wine,  and  states  that  he  will 
harass  the  debtor  and  that  he  will  not  allow  him  to  sleep  till  he  pays. 

After  this  ceremony,  a  fowl  or  pig  is  sacrificed  and  given  the 
halupe.     The  meat  is  cooked  and  spread  out  on  some  cooked  rice. 


1919]  Barton:  Ifugao  Law  115 

Myths  relating  how  some  ancestor  successfully  invoked  the  halupe,  are 
then  recited  for  the  magic  power  that  lies  in  the  recital,  and  are 
followed  by  tulud,  ceremonies  of  witchcraft  in  which  the  deities  are 
"pushed  along"  by  the  compelling  power  of  the  word  of  the  priest 

to  do  his  bidding.  More  frequently  than  not,  the  myth  changes 
abruptly  into  the  tulud.  The  following  instance  is  taken  verbatim 
from  a  series  of  ceremonies  that  I  had  a  priest  perforin  against  a 
delinquent  debtor  who  owed  me  a  sum  of  money.  I  regret  to  say  that 
the  ceremonies  were  not  efficacious. 

Bukad  (  Myth) .— Oadda  kano  da  Tumayaban  ud  Kakunian  ke  da  Panubok  ke  da 
Binantawan  ke  da  Banaban  ke  da  Dimpuyu.  Kon-da  takon  da  monnigi,  dola-da  'd 
Kabunian.  Panganun-da  aniaiyu  da.  Ahi-da  peman  padapadan.  Tnliungal  di 
amaiyu.  Bohwagon-da  hagiit.  Punayaman  'd  Kabunian,  ya  nunudnud-da  ud 
Pangagauwan.  Unudun  di  halupe  ya  dimatong  ud  Pangagauwan.  Agan-da 
va  domatong-da  amaiyo.  Mondaiyo-da  ud  Baladong  ya  hidi  peman  kano 
balobgon-da.  Buyangon-da  ta  dauutan-da.  Oadda  Halupe  Binantawan  ya 
ibaga-na  banting.  "Maid  banting-ko,"  konan  Tumayaban.  Oadda  kano 
Bugan  da  nak  Tadona  ud  Kiangan  ya  monbuliwong,  te  "Eak,"  kano,  "monbaga 
di  mangigamal  ke  haoy  ta  kaliwak  di  gimauwat  an  haoy,  an  adi-da  umidet  di 
guwat-da."  '  Pitaowan-na  paiyo  ud  Kiangan.  Oadda,  kano,  Binantawan  ya 
inanang-na  Bugan,  an  "  Eka,  Tumayaban,"  konana,  "ta  tumutung-ka  'n 
Bugan!  line  Tumayaban  hi  kadwan  Bugan  ya  Konana  Tutung-ok  nihbo! 
Bugan"  Kimali  Bugan,  ya  konana  "  Kon  manahauliu-ka?  "Antipi?"  konan 
Tumayaban.  "Ya  te  monbuliwong  te  eak  manila  mangigamal  ke  haoy," 
"  Antipi?"  konan  Tumayaban.  "Om  te  maato-ak  an  mangibaga  di  gimauwat 
an  haoy."  "Antipi,  tuali  adi-da  mitugun?"  konan  Tumayaban.  "Ibangad 
mo  hi  balei-yo,  ta  itugun-mo  dakami  'n  halupe." 

Bimangad  Bugan,  ya  patayon-na  manok  ya  ayago-na  halupe.  "  Uinetako, '  | 
konan  Banaban,  "te  intugan  ditako  di  nak  Tadona  'd  Kiangan.  Higupan-mi 
dola-da  ud  Kiangan.  Ibaga-da  punbagaan  da.  Badangan-mi  tulang-mi  ud 
Kiangan."  Ime-da  halupe,  ya  halupaiyan-da  punbagaan  an  gimauwat  di 
babui  'n  di  tulang-da  ud  Kiangan,  ya  ununud  Bugan,  ya  monbaga,  ya  inala-na 
babui-da  ya  peho-da  ya  gumok-da  ya  manok-da  ya  page-da  ya  paiyo-da.  [Then 
he  waves  his  hand.] 

[The  priest  blows,  in  the  direction  of  his  debtor.] 

Bokun  ud  Kiangan,  te  hitu,  ta  ume-ak  hi  bigat  ta  alak  di  babui  Kodamon  ya 
gamong-na  ya  paiyo-na  peho-na  ya  manok-na.  Balinan  di  hapihapito-ko. 
Kai-ak  halupe,  kai-ak  Banaban,  ta  idet-na  ta  magibu  ta  maid  di  pangidoh- 
dohana. 

[Here  the  myth  changes  into  a  tulud,  "pushing."] 

Oadda,  kano,  halupe,  ya  monbaga-da  ya  "  Monbangad,-tako "  konana  dola- 
tako  ud  Kakunian.  "Oadda  tugun, "  konan  Tumayaban.  "Tipi  oadda  tugun 
ud  tapa?    Dehidi  Lba-yo?"  "Om,"  konan  Bugan.     "Dehidi   iba-mi    'd  tapa." 

Oadda  halupe,  ya  tikidan  da  ad  Tataowang.  Agan  ud  Kulab.  Ladangon 
ud  Gitigit.  Ladangon  ud  I'angibauutan.  Tikidan  ud  Nunbalabog.  Itanglig-da 
tungun  ud  Baay  ya  Pindungan  ya  maid.  "Aha!  ud  Ablatan  di  montugun" 
kalion-da.  Mondotal  ud  Panaangan.  Mondayu  ud  Iwakal.  Paadan  ud  Upupan. 
Agan-da  ya  ladangan  ud  Tobal.  Buduan-da  ud  TJhat.  Agwatan  ud  Nungimil. 
Abatan  ud  Boko.     Agan-da  ud  Pugu.     Montikid  ud  Takadang.     Humabiat  ud 


116  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

Domok.  Mondotal  ud  Palatog.  Dongolon-da  tugun.  Mihidol  ud  .Palatog. 
Monbanong  ud  Kabonwang.  Agwatan  ud  Tudunwe.  Ladangon  ud  Umbul. 
Domatong  ya  belibelion-da,  ya  "Kon  da  Barton  ya  Patikwal"  konan 
Tumayaban.  "Daan  di  punbagaan-yo?"  konana.  Dehidi  hi  Kodamon  an  adi- 
na  idet  di  gauwat-mi.  Ume-kayo  ta  mipong  alitaangan-na  ta  halhalupayan-yo 
ta  nemnemon-na  gauwat-na;  ta  takon  di  adi  mahuyop  hi  tonga  'n  di  labi. 
Balinan-yo.  Banabanan-yo.  Halupayan-yo  ta  maid  di  udum  an  nemenemon-na, 
ta  gibuan-na  gauwat-na,  ta  igatang-na  paiyo-na,  ta  idetan-na  peho-na  ya  manok- 
na  ya  babui-na  ya  page-na  ya  gumok-na. 

[The  priest  blows  and  waves  his  hand  in  the  direction  of  Kodamon 's  house]. 
Ooo-of !  Hadon-yo,  ta  umeak  hi  bigat! 

Translation. — And  it  is  said  that  Tumayaban  and  Panubok  and  Binantawan  and 
Banaban  and  Dimpuyu  of  the  Skyworld  decided  to  go  hunting  there  in  their  region 
of  the  Skyworld.  They  fed  their  dogs.  And  then,  indeed,  they  sent  them  on  the 
chase.  The  dogs  found  a  trail.  They  started  up  a  wild  boar.  They  chased  it 
about  the  Skyworld,  and  followed  down  to  Pangagauwan  [the  mountain  that 
towers  over  Kiangan].  The  halupe  [the  deities  above  named]  followed  after. 
They  came  up  with  their  dogs,  and  there,  it  is  said,  they  speared  the  quarry. 
They  spread  grass  on  the  earth  and  cut  it  up.  And  Halupe  Binantawan  asked 
for  fire. 

"I  have  no  flint  and  steel,"  said  Tumayaban. 

And  it  is  said  that  Bugan,  the  daughter  of  Tadona  of  Kiangan,  was  sick  of 
life;  for  she  said,  "I  will  beg  some  one  to  eat  me  up  in  order  that  I  may  forget 
my  debtors  who  will  not  pay  the  debt  they  owe  me."  She  set  out  across  the 
rice  fields  at  Kiangan.  Binantawan  saw  her  and  said:  "Go,  Tumayaban;  get 
fire  from  Bugan."     Tumayaban  got  up  and  went  to  where  Bugan  was. 

"Let  me  have  fire,  Bugan." 

"Are  you  in  a  hurry?"  said  Bugan. 

"Why?"  said  Tumayaban. 

' '  For  I  am  tired  of  life,  and  am  hunting  for  somebody  to  eat  me  up, ' '  said 
Bugan. 

"Why?"  said  Tumayaban. 

' '  Yes,  *or  I  am  tired  of  beseeching  my  debtors  to  pay  their  debts. ' ' 

"Why,  indeed,  will  they  not  listen  to  reason?"  said  Tumayaban.  "Go  back 
to  your  house  and  call  upon  us  halupe." 

Bugan  returned,  and  sacrificed  chickens,  and  called  upon  the  halupe.  "Let 
us  go,  for  the  daughter  of  Tadona  has  called  upon  us  at  Kiangan,"  said 
Banaban.  [The  old  Kiangan  about  four  miles  below  the  village  now  called 
Kiangan  by  American  official*.]  "They  have  gathered  together  in  Kiangan. 
Let  us  assist  our  kinsfolk  there."  The  halupe  went  and  they  harassed  those 
of  whom  it  was  asked  [the  debtors],  those  who  had  borrowed  pigs  of  the  kin 
in  Kiangan.  And  Bugan  followed  aftei  and  took  their  pigs  and  their  ' '  irons ' ' 
and  their  money  and  their  chickens  and  their  rice  and  their  rice  fields  and  their 
death  blankets. 

[The  priest  blows  and  waves  his  hand  in  the  direction  of  his  debtor's  house.] 

Let  it  be  so,  not  at  Kiangan,  but  here,  so  that  I  may  go  in  the  morning  and 
take  Kodamon 's  pigs,  death  blankets,  rice  fields,  money,  chickens.  May  my 
words  carry  shame  to  him.  May  I  be  like  a  harasser  and  like  a  soother,  in 
order  that  he  pay,  in  order  that  it  may  be  finished,  in  order  th?t  there  come  no 
serious  result  of  the  controversy. 

[Here  the  myth  changes  into  a  tulud,  "pushing".] 


1919]  Barton:  Ifugao  Law  117 

The  halupi    speak,  savin-,  "Lei   us  return  to  our  village  in  the  Skyworld." 

"There  is  a  calling,"  said  Tumayaban.  "Whence  comes  this  call  from 
above?     Have  you  kin  there?" 

"Yes,"  said  Bugan,  "we  have  kindred  above." 

And  the  halupe  ascend  at  Tataowang.  They  coin.'  on  to  Kulab.  They 
continue  to  Gitigit.  They  continue  to  Pangibautan.  They  elimb  up  to  Nunba- 
labog.  They  listen  for  a  calling  at  Baay  and  Pindungan.  [These  are  villages 
in  the  vicinity  of  Umbul,  the  village  where  the  priest  was  performing  the  cere- 
mony.] "Alia!  the  calling  is  at  Umbul!"  they  say.  They  walk  on  the  level 
at  Panaangan.  They  descend  at  Iwakal.  They  come  to  Upupan.  They  continue 
to  Tobal.  They  come  out  at  Uhat.  They  wade  at  Nungimel.  They  go  around 
the  hill  to  Boko.  They  continue  to  Pugu.  They  climb  at  Takadang.  They 
ascend  to  Domok.  They  walk  on  the  level  at  Palatog.  They  listen  for  the 
calling.  They  hear  it  there.  They  travel  on  the  rice  dikes  at  Kabonwang. 
They  wade  at  Tudunwe.  They  come  round  the  hill  at  Umbul.  They  arrive  and, 
"Why,  it  is  Barton  and  Patikwal,"  says  Tumayaban.  "Where  are  your  refrac- 
tory debtors .' - ' 

"There  is  Kodamon.  He  does  not  pay  his  debts  to  us.  Go  and  disperse 
yourselves  in  the  vicinity  of  his  house,  and  harass  him  continually  with  the 
remembrance  of  his  debt,  so  that  he  may  not  sleep,  even  in  the  middle  of  the 
night.  Make  him  ashamed.  Soothe  him  (so  that  he  will  not  be  angry).  Harass 
him  so  that  he  may  think  of  nothing  else  than  his  debt;  so  that  he  will  finish 
with  it;  so  that  he  will  sell  his  rice  fields  (in  order  to  pay);  so  that  he  will  give 
us  his  pigs,  his  money,  his  irons,  his  rice,  and  his  rice  fields. ' ' 

[The  priest  blows  and  waves  his  hand  in  the  direction  of  Kodamon 's  house.] 
"Ooo-of!     Wait  there  till  I  come  in  the  morning." 

The  collector  of  a  large  fine  performs  an  unpretentious  series  of 
ceremonies  directed  to  the  gods  of  animal  fertility  and  growth.  The 
fact  that  he  has  won  out  in  collecting  the  fine  shows  that  his  star  is  in 
the  ascendancy  and  that  a  more  pretentious  feast  is  not  needed. 

Peace-making  ceremonies. — A  full  account  of  these  ceremonies 
would  be  too  extended  to  give  here.  The  following  are  two  of  the 
myths  that  are  recited  in  the  course  of  these  ceremonies: 

(1)  And  it  is  said  that  the  father  of  Amtalao  of  the  Skyworld  spoke  to  his  son, 
Baying:  "Go  down  and  cause  the  enemies  of  earth  to  make  peace,  in  order 
that  there  be  no  longer  coughing3,  and  shortness  of  breath,  and  bleedings  from 
the  nose,  and  quick  fatigue  among  them." 

Amtalao  packed  his  betels,  put  on  his  hip-bag,  and  took  his  spear  in  hand. 
He  descended  to  Habiatan.  [Here  the  myth  goes  into  a  detailed  account  of 
the  places  passed  in  the  journey.]  He  arrived  in  Kiangan.  He  went  to  the 
house  of  Balitok  [the  hero  ancestor  of  the  people  of  Kiangan  culture  area]. 
He  thrust  the  shod  point  of  his  spear  handle  into  the  flat  stone  used  as  a  seat 
in  front  of  the  house.     It  crackled  like  a  dry  leaf. 

"You  have  spoiled  the  flat  stone,"  said  Balitok.  Amtalao  kicked  the  pieces 
of  stone  with  his  foot.  They  all  joined  together  as  if  never  broken  apart. 
"  I  did  not  spoil  it,"  said  Amtalao. 

"  Why  is  it,  Balitok,  that  you  do  not  make  peace  with  your  enemies?  Is  it 
that  vera  wish  to  be  afflicted  bv  the  liirfit." 


118  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

"I  do  not  know  how,"  said  Balitok.  Amtalao  went  to  the  sons  of  Imbali- 
tayan.  "Make  peace  with  Balitok,  in  order  that  ye  be  not  afflicted  with 
coughings  and  snorings  and  bleedings  from  the  nose  and  shortness  of  the 
breath, ' '  said  he. 

And  they  caught  their  pigs  and  chickens,  the  sons  of  Imbalitayan,  and  the 
people  of  Kiangan,  and  Amtalao  taught  them  to  make  peace.  And  when  they 
had  finished,  Amtalao  ascended  into  the  Skyworld. 

"How  many  did  you  cause  to  make  peace?"  said  his  father. 

"There  are  no  more  enemies  on  earth,"  said  Amtalao.  Even  though  the 
Ifugao  travel  far,  they  are  safe.  Even  though  spears  be  thrown,  they  do  not 
scathe.  No  longer  is  there  shortness  of  the  breath,  and  labored  breathing, 
bleeding  from  the  nose,  and  coughings  and  quick  fatigue.  The  people  are  like 
unto  gold,  which  tarnishes  not,  like  unto  the  waters  of  the  river,  which  never 
become  small,  and  like  unto  the  dancing  plumes  of  the  cogon  and  runo  grass. 
They  talk  and  talk,  and  talk  straight.  They  ask  for  what  they  want  and 
get  it. ' ' 

Let  it  be  so,  not  at  Kiangan,  but  here;  not  then,  but  now;  in  order  that 
there  be  no  more  shortness  of  breath  and  coughing  and  labored  breathing  [the 
priest's  will  being  that  the  benefits  mentioned  by  Amtalao  in  the  paragraph 
immediately  preceding  become  existent]. 

(2)  The  Thunderer  of  the  Skyworld  was  sitting  on  his  lounging  bench  in  the 
Skyworld.  "Alas!  why  do  the  people  keep  fighting  all  the  time?"  he  said.  He 
took  his  spear  in  hand.  'He  descended  unto  Kiangan.  He  went  to  the  house 
of  Balitok.    "Why  do  you  not  make  peace  with  the  sons  of  Imbaluog?"  said  he. 

"I  desire  to  make  peace,  but  they  will  not,"  said  Balitok. 

"Come  with  me,"  said  the  Thunderer.  They  went  to  the  village  of  the 
sons  of  Imbaluog.  The  Thunderer  shouted  to  them.  They  came  down  out  of 
their  houses,  spears  in  hand,  and  carrying  their  shields.  They  advanced  toward 
Balitok.     The  Thunderer  was  angry. 

"Why  did  the  people  of  Kiangan  offer  to  make  peace,  and  ye  would  not?" 
shouted  he.  The  Thunderer  snorted.  The  branches  fell  from  the  trees.  The 
sons  of  Imbaluog  were  blown  to  pieces.  Their  limbs  were  torn  from  their 
trunks  and  went  hurtling  hither  and  thither. 

And  below  every  house  was  heard  the  wailing  of  the  old  women.  And  every 
woman  's  head  was  encircled  by  mourning  bands. 

Let  it  be  so,  not  then,  but  now,  with  those  that  do  not  keep  the  peace!  Let 
them  be  blown  to  pieces  and  scattered  hither  and  thither,  and  may  there  be 
none  to  avenge  them. 

The  chewing  of  betels  together  by  the  reconciled  enemies  is  the 
essential  part  of  the  peace-making  ceremony.  Three  constituents  are 
used  in  betel  chewing :  the  betel  leaf,  the  areca  nut,  and  the  lime.  The 
priest  takes  position  between  the  two  (as  yet)  enemies.  One  of  the 
enemies  then  gives  the  other  an  areca  nut,  and  his  courtesy  is  returned 
by  his  enemy  giving  him  a  betel  leaf.  Both  are  then  supplied  by  the 
priest  with  lime.  They  proceed  to  chew  betels  then,  and  the  priest 
prays  as  follows : 

"Ye  are  chewed,  Betel  Leaf,  Areca  Nut,  and  Lime.  Let  not  them  who  were 
enemies  be  afflicted  with  coughings,  shortness  of  breath,  quick-coming  fatigue, 


1919]  Barton:  If ugao  Law  lli) 

bleeding  from  the  nose,  nor  labored  breathing.  Let  them,  instead,  be  like  gold, 
which  tarnishes  not:  like  the  tail  feathers  of  the  full  grown  cork,  which  never 
touch  the  earth;  like  the  waters  of  the  river,  which  never  cease  coining;  like 
Talal  of  Ambuaya,  who  ate  his  own  children,  yet  was  not  afflicted  by  the  hidit. 
Let  them  be  as  active  as  the  waters  of  I  nude  (a  cataract)  or  the  fearheiy 
plumes  of  the  cogon  and  runo  grass.  Let  them  be  like  the  rising  sun,  like  the 
Cobra  of  the  White  Mountain,  like  the  Full-grown  Cock  of  Dotal,  like  the  Hard 
Stone  of  Huduan.25  May  their  enemies  stand  aside  from  them  in  fear.  May 
their  valor  be  heard  of  in  all  the  hills. " 

Ceremonies  connected  with  the  payment  of  ltir</<  fines. — At  the 
termination  of  a  controversy  in  which  a  large  fine  is  paid,  the  two 
parties  perform  the  hidit,  peace-making  ceremonies,  as  a  matter  of 
self-interest.  To  leave  them  unperformed  would  be  to  subject  them- 
selves to  the  wrath  of  the  hidit  deities  who  would  afflict  them  with 
tuberculosis,  shortness  of  breath,  etc.  The  peace  so  made  is  theoretical, 
oftentimes,  rather  than  actual.  Usually  there  is  a  great  deal  of  ill 
feeling  smoldering  in  the  breasts  of  the  controversants. 

He  who  pays  any  large  fine  invariably  performs  a  general  welfare 
feast  soon  afterward.  To  this  feast  he  invites  all  the  deities  of  the 
Sky  world,  the  Underworld,  the  Fabulous  Region  of  the  East  and  the 
Fabulous  Region  of  the  West.  In  addition,  if  he  feels  great  resentment 
against  the  fine  collector,  he  secretly  performs  the  following  ceremony  : 

Tulud  (Pushing).— "The  Ender  of  the  East  Eegion  sits  on  his  lounging  bench 
there.  He  hears  a  call.  He  arises  and  puts  betels  in  his  hip  bag  and  takes  his  spear 
in  hand.  He  nesitates,  and  then  starts  westward.  He  comes  on  to  Payya.  [The 
priest  "pushes"  him,  as  in  the  preceding  tulud,  stage  by  stage  through  the  follow- 
ing places:  Ulikon,  Hapid,  Ulalahi,  Lana,  Kudug,  Lingay,  Balahiang,  Lau, 
Bayukan,  Ula,  Tuktukbayahan,  Kituman,  Kiangan.  From  Kiangan  onward  the 
route  is  variable,  depending  on  the  village  of  the  priest.] 

He  arrives  at  [village].  He  receives  the  chicken.  He  chops  off  its  head. 
[The  priest  at  this  stage  chops  off  the  chicken's  head.]  Even  so  [he  says]  I 
chop  off  the  life  of  the  fine  collector.  [The  priest  blows  and  swings  his  arm 
in  the  direction  of  the  fine-collector's  house.]  Travel  thither,  Ender,  to  the 
house  of  him  who  took  from  us  the  death  blankets.  Stay  with  him.  If  he  goes 
to  get  wood,  turn  the  axe  into  his  body.  If  he  travels,  push  him  off  the  steep. 
If  he  sleeps,  sleep  with  him.  In  the  middle  of  the  night  stab  him,  and  we  will 
hear  about  it  with  the  rising  sun.  For  we  are  poverty  stricken.  We  owed 
them  no  debt,  yet  they  have  taken  our  pigs  and  our  chickens  and  our  death 
blankets  and  our  rice  [etc.].     We  are  to  be  pitied,  alas!  " 

Other  deities  that  may  be  sent  against  the  fine  collector  are  the 
Spider-webbed  One.  the  Smotherer,  Dysentery,  the  Short-winded  One, 
the  Trapper,  the  Twister. 


26  Myths  relate  how  the  Full-Grown  Cock  overcame  the  Half -Grown  Cock, 
how  the  Cobra  overcame  the  Python,  how  the  Hard  Stone  overcame  the  Soft 
Stone. 


120  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.15 

APPENDIX  3:     PAEEICIDE 

A  rather  startling  case  was  called  before  the  Court  of  First 
Instance  in  Kiangan  in  December,  1913.  Limitit  of  Ayangan  was 
charged  with  having  murdered  his  father.  The  phrase  "Are  you 
guilty  or  not  guilty?"  translated  into  Ifugao  changes  significance 
slightly,  and  stands  "Are  you  at  fault  or  not  at  fault1?"  With  a 
candor  almost  pitiable,  Limitit  admitted  the  facts  in  the  case,  but 
pleaded  "not  at  fault."  "He  was  my  father,"  he  said.  "I  had  a 
right  to  kill  him.  I  am  blameless,  for  I  provided  a  generous  funeral 
feast  for  him." 

Interrogation  developed  that  Dilagan,  the  father,  was  a  spend- 
thrift. He  had  raised  a  sum  of  money — possibly  for  the  purpose  of 
gambling — by  pawning,  balal,  his  son's  rice  field.  The  son  was  angry, 
but  Dilagan  promised  faithfully  to  redeem  the  field  by  planting  time. 
But  planting  time  came  round,  and  Dilagan  was  unable  to  keep  his 
promise  and  redeem  the  field.  In  a  quarrel  over  this  matter,  the  son 
lost  patience  and  killed  his  father.  So  far  as  I  am  able  to  ascertain, 
his  act  is  justified,  or  at  the  very  least,  condoned  by  his  co-villagers. 
They  excuse  him  on  two  grounds : 

First,  the  old  man  was  worthless,  and  deserved  killing  for  having 
wronged  his  son.  Even  though  the  damage  done  was  not  irremediable, 
it  was  probable  that  it  would  be  repeated,  and  that  he  would  impoverish 
his  son  for  life. 

Second,  the  old  man  was  Limitit 's  father,  and  Limitit  had  the 
right  on  that  account  to  kill  him  if  he  wanted  to ;  at  least  it  was  the 
business  of  nobody  else. 

The  American  court,  if  I  remember  aright,  sentenced  Limitit  to 
life  imprisonment.    He  died  shortly  after  being  incarcerated. 

Another  case  of  parricide  was  that  of  Bayungubung  of  Kurug. 
He  killed  his  father  for  the  same  reason  that  Limitit  killed  Dilagan : 
that  is,  for  the  wrongful  pawning  of  a  field. 

The  essence  of  the  attitude  of  the  people  in  both  these  cases  seemed 
to  be  that  the  son  had  the  right  to  kill  his  father  if  the  latter  imperiled 
the  family  livelihood  or  position  in  society.  It  seems  to  us  an  inhuman 
doctrine.  But  remember  that  the  be-all  and  the  end-all  of  Ifugao 
existence  is  the  family,  and  not  the  individual.  With  us,  the  opposite 
is  true:  the  rights  of  the  individual  supersede  those  of  the  family. 
The  fields  in  question  had  been  handed  down  from  past  generations. 
The  son  in  each  case  was  responsible  at  the  time  of  the  parricide  for 
the  welfare  of  future  generations  of  the  family.    The  old  man  in  each 


1919]  Barton:  If ugao  Law  121 

ease  was  a  traitor  to  the  welfare  of  the  family.  He  had  had  his  day, 
and  was  worse  than  useless.  Remember  that  in  a  country  where  a 
Living  must  be  eked  from  a  tough,  stony  mountain-side  with  a  wooden 
spade,  the  means  to  life  handed  down  from  the  sweat  of  former  genera- 
tions is  a  thing  as  sacred,  as  it  is  precious. 

Besides  these  considerations,  there  is  the  principle  on  which  Ifugao 
society  is  based:  The  family  exists  principally  for  the  youthful  and 
future  generations  of  it. 

APPENDIX  4:    CONCUBINAGE  AMONG  THE  KALINGAS 

The  Kalingas  are  a  tribe  having  a  culture  remarkably  similar  to 
the  Ifugao.  In  respect  of  warfare,  head-hunting,  and  social  organiza- 
tion, it  is  an  even  more  dazzling  example  of  a  barbarian  culture,  I 
believe.  Concubinage  is  universally  practiced  by  the  wealthy.  The 
concubine  has  a  legal  status.  A  m^nlHusTsecure  his  wife 's  consent  to 
take  a  concubine,  but  the  consent  is  universally  forthcoming. 

During  a  six  months'  residence  in  Kalinga  I  became  quite  well 
acquainted  with  the  unusually  intelligent  wife  of  a  Kalinga  headman. 
I  asked  her  one  day  why  the  women  permitted  their  men  to  take  unto 
themselves  additional  wives. 

' '  Oh,  that 's  the  custom  of  us  Kalingas. ' ' 

"I  know  it's  the  custom.  But  I  think  it's  a  poor  one  for  you 
women  who  are  so  unfortunate  as  to  be  married  to  men  who  practice 
it." 

"Why  are  we  unfortunate  ?  Their  children  can  inherit  none  of  his 
wealth.    Our  children  get  it  all." 

"Yes,  but  doesn't  it  hurt  you  to  see  your  husband  running  after 
other  women?" 

"I  never  see  it.  The  other  women  never  come  here.  Or  if  they 
do  come  to  the  house  it  is  as  if  they  were  perfect  strangers.  They 
have  their  own  house." 

"But  you  must  know  that  your  husband  does  leave  you  to  go  to 
these  other  women." 

"Oh  yes!  But  I  don't  see  it.  Besides  their  children  are  subject 
to  my  children.  If  my  children  suffer  injury,  they  fight  to  avenge 
them.  If  my  children  demand,  they  stand  back  of  them.  It  is  good 
to  have  a  large  family." 

The  logic  of  concubinage  is  embraced  in  this  last  reply,  I  think. 
It  is  an  institution  to  render  the  family  "strong  to  demand,  and 
strong  to  resist  demands. 


122  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

A  strong  healthy  Kalinga  chief  has  usually  two,  often  more  con- 
cubines. He  gives  them  rather  limited  material  support :  now  and 
then  a  suckling  pig  to  rear,  a  little  rice  to  help  out  the  year,  work  at 
good  wages,  yarn  to  keep  them  busy  at  the  loom,  a  little  capital  for 
trading  trips,  and  the  like.  He  may  help  them  a  great  deal,  but  they 
rarely  cost  him  much.  As  indicated  above,  their  children  have  no 
inheritance  rights. 

GLOSSARY* 

adi,  term  of  negation. 

agamang,  dormitory  of  the  unmarried.  In  some  sections  of  northern  Ifugao  a 
special  building  is  constructed  for  this  purpose.  Among  the  Ifugaos  gener- 
ally a  vacant  house  or  the  house  of  a  widow  is  used. 

agba,  a  magic  stick  used  for  the  purpose  of  determining  the  cause  of  illness,  or 
the  answering  of  other  difficult  questions.  The  stick  is  believed  to  grow 
longer  when  it  desires  to  make  an  affirmation. 

aiyag,  call,  name.     A  ceremony  to  recall  the  soul  of  a  sick  or  dead  person. 

alaag,  a  cooking  pot  of  Chinese  origin. 

alao,  duel  with  lances. 

alauwin,  a  gourd  carried  as  a  water  jug  by  women  working  in  the  rice  fields. 

alpud,  runo  stalks  with  blades  tied  in  a  loop.  It  is  an  "ethics  lock,"  and  de- 
notes private  property.  Used  by  placing  near  or  on  whatever  it  is  desired 
shall  remain  unmolested;  as,  for  example,  a  sugar-cane  thicket,  cord  of  wood, 
house  in  the  absence  of  owners,  rice  field  in  dispute,  and  so  forth. 

ama,  father  (see  Appendix  1). 

amana-on,  father-in-law  (see  Appendix  1). 

amaon,  aunt's  husband,  etc.  (see  Appendix  1). 

analc,  son  or  daughter  (see  Appendix  1). 

apo,  grandparent  (see  Appendix  1). 

*areca,  a  slender  graceful  palm  which  produces  the  areca  nut,  erroneously  called 
the  betel-nut,  which,  with  the  leaf  of  the  betel  pepper  and  lime,  are  univer- 
sally chewed  by  the  Ifugaos.  The  physiologic  effect  is  similar  to  that  of 
coffee. 

ayah,  sorcery. 

baag,  facetious  or  uncalled-for  remarks. 

baal,  a  hand  servant;  a  household  servant. 

bakid,  a  "ten";  a  half -score. 

balal,  a  form  of  pawning  of  family  property,  in  which  a  sum  is  loaned,  the 
property  passing  into  the  hands  of  the  lender,  and  remaining  so  until  the 
sum  is  repaid.     The  use  of  the  property  constitutes  the  interest  on  the  loan. 

baloblad,  interest  paid  in  advance  at  the  time  a  loan  is  made. 

banga,  a  pot  or  tobacco  pipe. 

bango,  a  back-basket  used  for  carrying  necessities  on  a  journey.  It  affords  a 
considerable  protection  against  rain. 

banting,  flint  and  steel  for  fire  making.  Even  applied  sometimes,  though  im- 
properly, to  modern  methods  of  fire  drawing  by  means  of  matches.  Never 
applied  to  fire  making  by  means  of  sticks  or  fire  syringe. 


Starred  words  are  not  Ifugao. 


L919]  Barton:  If ugao  Law  123 

bay  ad,  a  kind  of  fancy  blanket. 

binangtva,  anything  thai  has  been  cut  in  two;  halved.    Sometimes  used  to  denote 

1  he  half  of  anything. 
binawit,  a  child  spouse  that  lives  in  the  homo  of  his  or  her  parents-in-law. 
binoJcbok,  a   ceremony    performed   three  days  after  a   burial.     The   soul   of  the 

deceased  is  brought  back  to  the  village  and  interviewed. 
bobod,  a  tie,  a  knot. 
*bolo,  a  heavy  knife  about  14  to  1(5  inches  long,  whose  shape  varies  among  the 

different  tribes.      It   serves  a   multitude  of  purposes,  answering  now  for  an 

axe,  now  for  a  spade  or  hoe,  now  for  a  weapon,  now  for  the  ordinary  uses  of 

knives. 
bubiat,  the  final  ceremony  of  marriage.     Its  main  purpose  is  to  secure  offspring 

for  the  couple. 
budut.  one  of  the  principal  payments  in  the  Benaue  district  in  the  purchase  of 

a   rice  field. 
bukad,  a  religious  ceremony  in  which  a  myth  is  recited  for  its  magic  effect. 
bultong,  a  wrestling  match;  trial  by  wrestling. 
bungol,  jewel,  specifically,  ancient  agate  beads. 
bungot,    ferocity;    the    nearest    approach    in    the    Ifugao    language    perhaps    to 

"bravery".     The  Ifugao 's  ideal  of  bravery  seems  to  be  an  aggressive  and 

relentless,  boastful,  angry  assertiveness.     Mahui,  a  synonym,  has  the  sense 

of  relentless  boldness. 
*camote,  a  tropical  sweet  potato,  of  which  there  are  numerous  varieties. 
dalag,  offering  to  the  soul  of  a  deceased  person. 
dangale,  funeral  feast. 

datoJc,  offering  to  the  soul  of  a  deceased  person. 
di,  the  article,  "of  the." 
dotag,  flesh;  meat. 
(hiiin.  a  wooden  dish. 
*fiat,  a  term  which  I  use  to  denote  those  phrases  in  religious  ceremonies  in  which 

the  priest  clinches  or  compels  the  magic  effect  of  an  analogy  by  means  of  the 

spoken  word. 
gagaom,  funeral  shrouds. 

*gansa,  or  ganglia,  a  gong  made  of  copper  alloyed  with  zinc,  tin,  or  silver.     Main- 
are  very  old.     Some  have  been  made  in  Tgorotdand,  others  imported  from 

China. 
gatang,  purchase  price;  business  transaction,  the  main  payment. 
gibu,  fine  for  marital  or  postmarital  delinquency. 
goba,  arson,  burn. 
gogod,  cut,  bisect. 
gulad,  intent. 

guling,  a  small  but  valuable,  and  usually  artistic,  rice-wine  jar. 
habalag,  a  peg  on  which  articles  are  hung  up.    One  of  the  payments  in  the  fine 

for  illegal  confiscation. 
habale,  peg  or  bracket  upon  which  articles  are  hung. 
hablal,  flood;  flooding  of  fields  with  water. 
hagabi,  a  lounge  cut  out  of  a  lare  tree  trunk.     It  is  tin'  insignia   of  the  upper 

(dass  Ifugao.     Tts   carving  out  of  the  trunk,   and    its   bringing   in   from   the 

forest,  is  an  affair  in   which  many  villages  participate,  and  is  accompanied 

by  pretentious  ceremonies  and  feasts. 
hagaphap,  cleaning  of  terrace  wall;  chopping  off  grass  and  weeds. 
hailiyu,  a  lesser  fine. 


124  University  of  California  Publications  in  Am.  Arch,  and  Ethn.      [Vol.  15 

hakba,  gifts  to  kindred  of  bride  from  kindred  of  bridegroom. 

hakit,  hurt,  anguish. 

halat,  payment  due  persons  of  a  foreign  village  who  find  the  body  of  one  dead 
by  violence. 

halupe,  a  class  of  deities  somewhat  corresponding  to  the  Greek  Furies;  sug- 
gesting and  harassing  deities. 

hapud,  blowing,  or  breathing  on. 

hay  nub,  follower;  succeeding  units  of  a  series. 

hibul,  treachery. 

hidit,  peace  ceremony;  peace  deities;  sickness  inflicted  by  peace  deities  because 
of  delayed  peace  ceremony. 

hin,  a  form  of  the  word  oha,  meaning  ' '  one ' '. 

hingot,  the  third  of  the  marriage  ceremonies. 

hog  op,  damages  due  the  injured  party  in  case  of  breach  of  contract. 

hokwit,  scandalous  adultery,  accompanied  by  insults  to  the  offended  spouse. 

honga,  a  general  welfare  ceremony. 

hudhud,  fine  for  offense  against  engagement  or  for  breaking  off  engagement. 

hukup,  lid. 

hulul,  exchange. 

iba,  companions;  sometimes,  kindred. 

ibuy,  ceremony  at  transfer  of  ownership  of  rice  field. 

iho,  evil,  bad. 

imbango,  sacrifice  at  second  ceremony  of  marriage. 

ina,  mother  (see  Appendix  1). 

inagagong,  a  kind  of  Ifugao  blanket. 

inagamid,  adopted;  taken  to  oneself. 

inaon,  uncle's  wife,  etc.  (see  Appendix  1). 

inay,  exclamation  of  pain  or  awe. 

inhida,  eaten;  one  of  the  payments  at  the  ibuy  ceremony. 

inipit,  something  held  with  pincers  or  pliers;  also  something  grasped  between 
the  toes.  In  eating  meat  the  Ifugao  holds  his  knife  between  the  toes  and, 
grasping  the  meat  with  his  hands,  cuts  it  by  sawing  it  back  and  forth  on 
the  knife. 

inlaglaga,  bastard. 

iyao,  form  of  iho. 

iyu,  a  form  of  iho. 

kadangyang,  a  wealthy  person;  person  of  the  upper  class.  Some  observers  have 
interpreted  kadangyang  as  "noble";  others  as  "chieftain".  Correctly 
speaking,  there  are  neither  chieftains  nor  nobles  among  the  Ifugaos.  The 
more  powerful  Icadangyang  rise  to  the  dignity  of  headmen — no  further. 

kalakal,  an  edible  water  beetle  found  in  the  rice  fields. 

Tcalun,  advice. 

kindut,  carried  under  the  arm. 

Tcinta,  surplus;  portion  of  food  left  after  appetite  has  been  satisfied. 

kolating,  harvest  feast. 

kulpe,  feast  at  time  rice  fields  are  planted. 

kumadangyang,  to  become  wealthy. 

labod,  blood  payment;  indemnity  for  homicide  or  severe  wounds. 

lanad,  commission  of  go-between.     Also  called  liica. 

linutu,  cooked. 

liiva,  fee  of  go-between.    See  lanad. 

lukbu,  commission;  fee  paid  an  agent. 


1919]  Barton:  Ifugao  Law  125 

lulctap,  unaggravated  adultery;  adultery  unaccompanied  by  great  scandal  and 

by  insults  to  offended  spouse. 
lupe,  interest;  increase. 

maginlotan,  death  blanket,  usually  imported.     Of  less  value  than  the  dili. 
ma-ibuy,  property  for  whose  transfer  the  ibuy  ceremony  is  necessary. 
mangdad,  pig  or  chicken,  given  by  kindred  of  bride  to  kindred  of  groom  as  a 
return   for  pig  given   the   former  by  the  latter  in  the   hango  and   Mngot  cere- 
monies. 
manikam,   priest    who    performs   certain    ceremonies   preliminary   to   the   uyauwe 

feast  (see  Woman), 
mata-na,  his  eyes. 

mommon,  preliminary  marriage  ceremony. 
moribaga,  asker,  requester. 
monbiyao,  an   alliance  between   families  of   different   districts.     Celebrated  by 

very  pretentious  ceremonies. 
mongatang,  seller. 
morikalun,  advocate,  adviser.     Specifically,  in  law,  the  go-between  in  a  penal  or 

civil  ease. 
montudol,  a  ••shower";  specifically,  a  traitor  to  his  village;  a  betrayer. 
nabungol,  jeweled. 

nadulpig,  in  addition  to;  accompanying. 
na-imbalbalayen   (lit.,  "made  one's  child"),  adopted  child. 
na-oha,  single;  one  only;  one  alone. 

na-onom,  six  at  a  time;  a  unit  consisting  of  six  subunits,  or  parts. 
natauwinan,  four  at  a  time. 
nut i .  dead. 

not nk n,  consisting  of  three  subunits,  or  parts. 

nawatwat,  poverty-stricken;  term  applied  to  the  lowest  class  of  Ifugao  society. 
nemnem,  mind,  feeling,  thought,  emotion,  worry,  intention.     The  term  is  of  very 

broad  meaning  and  applies  to  the  mind  or  any  act  thereof. 
nilekop  (lit.,  "taken  to  one's  self"),  adopted  child,  or  a  servant  that  is  treated 

as  one  of  the  family. 
nunbadi,  a  pair;  consisting  of  two  subunits  or  parts;  two  together. 
nundopa,  the  "jumping  down  from." 

nungolat   (lit.,  "he  who  was  strong"),  the  conceiver,  or  originator,  of  a  plot; 
he  who  assembles  others  to  himself,  and  leads  them  in  committing  an  injury 
or  offense. 
nunlidludagan,  place  where  it  was  laid,  or  had  fallen. 

ntmokop,  a  payment  of  two  units  of  a  series  by  means  of  a  single  article.     The 
Ifugao  prefers   to   divide   all   sales  into   ten   subpayments.     If  the   sale  be 
comparatively  small,  two  subpayments  may  be  paid  by  one  article,  as  by  a 
death  blanket. 
oban,  a  blanket,  about  eight  feet  long  and  two  feet  wide,  with  which  a  baby  is 
carried  on  the  back  of  an  elder.     It  is  of  great  religious  and  poetic  significance. 
ohol:,  sticks  or  trellis  for  climbing  vines. 
om,  yes;  affirmative. 
ongot,  menace;  threat. 

otak,  a  large  knife,  universally  carried  by  the  Ifugaos.     It  is  used  in  war  or  in 
work;  commonly  called  throughout  the  Philippines  "bolo"  in  both  English 
and  Spanish. 
paduldul,  comfort;  causing  consolation. 
pagholc,  landmark;  usually  chunks  of  wood  or  stone  buried  at  a  boundary  line. 


126  University  of  California  Publications  in  Am.  Arch,  and  Ethn.     [Vol.  15 

palimdan,  "causing  to  chew  betels  together." 

pango,  jewels,  usually  agate  beads. 

paniyu,  taboo. 

panuyu,  mutual  accusation,  false  accusation. 

paowa,  prohibition,  truce. 

patang,  interest  paid  in  advance  on  something  borrowed. 

piduan,  repetition. 

pinokla,  a  ceremony  to  cure  wounds. 

pinohat,  carried  under  the  arm. 

ponga,  ceremony  to  remove  the  prohibition  on  marriage  of  cousins.    Full  cousins 

may  not  marry. 
pugug,  finish;  termination. 
puhu-na,  his  heart. 
putu-na,  his  belly. 
pu-u,  base. 
*runo,  a  tall  reed  that  covers  the  mountain  sides.     House  walls,  mats,  floors, 

and  fences  are  made  of  it.    It  also  makes  an  effective  missile. 
tandong,  one  of  the  principal  payments  made  on  family  property.    It  corresponds 

to  the  initial  payment  made  when  an  article  is  bought  on  installments  among 

our  people. 
tanig,  term  applied  to  the  principal  marriage   ceremony  in  the   Benaue   district. 

Corresponds  to  bubun  in  the  Kiangan  district. 
tayap,  wing. 
te,  because. 
tilcman,  ceremony  of  tying  up  the  bellies,  appetites,  passions,  and  desires  of  the 

guests  at  a  feast. 
tobong,  spit  on  which  edible  water  beetles  are  grilled. 
toTcop,  the  placing  beside  an  article  its  equivalent. 

toTcom,  fine  assessed  for  putting  another  in  the  position  of  being  an  accomplice. 
tombolc,  gossip. 

tomolc,  fine  for  manslaughter,  wounds. 
tudong,  woman's  sweet-potato  basket.     It  is  used  as  a  raincoat  when  at  work  in 

the  fields. 
tulang,  brother  (see  Appendix  1). 

tuldag,  series  of  ceremonies  at  the  time  rice  is  put  in  the  granaries. 
tulud,  a  ceremony  of  witchcraft,  in  which,  following  the  recitation  of  a  myth 

for  magic  purposes,  the  characters  of  the  myth  recited  are  made  to  perform, 

or  declare  their  will  to  perform,  the  desire  of  the  priest. 
tumuk,  persons  of  the  middle  class.     Persons  are  accounted  of  this  class  who 

have   rice   sufficient   for  the  use   of  their   family   throughout   the   year,   and 

those  who,  having  surplus  rice,  have  not  been  initiated  into  the  ranks  of  the 

Jcadangyang  by  means  of  the  uyauwe  feast. 
tun  gill,  ceremony  at  the  time  of  placing  rice  in  granaries.     One  of  the  three 

greater  ceremonials  of  rice  culture. 
itb  nit  ana,  his  seat. 
ugd.  treachery. 

ulitao,  uncle  (see  Appendix  1). 
ulitaon,  spouse  of  uncle  or  aunt  (see  Appendix  1). 
ulpitan,  the  placing  on  each  side  of  an  article  its  equivalent. 
tt milium,  burning  off  the  grass  preparatory  to  spading  fields. 


1919  |  Barton  :  Ifugao  Law  1-7 

mud,  follow,  a  term  applied  to  a  second  payment  of  Lnteresl  in  advance.  Thus, 
a  man  borrows  a  carabao,  paying  P30  as  the  Lnteresl  in  advance  for  one 
war,  and  if  at  the  end  of  the  year  he  cannot  repay  the  carabao  be  makes  a 
second  payment,  or  unud,  as  interest  in  advance  on  the  following  year. 

uyauwe,  a  series  of  pretentious  and  ostentatious  ceremonies  by  which  a  person 
attains  the  rank  of  kadangyang.  Sometimes  it  is  combined  with  the  last 
ceremony  of  marriage. 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON]    PLATE    1 


i 


■ 


6UADE,   [FUGAO  GO  BETWEEN    AND   PRIES'] 


PLATE  2 

Often  a  Negrito's  dwelling  is  the  merest  mockery  of  a  house.  This  is  an 
unusually  good  one,  since  it  has  a  thatched  roof.  Often  the  roof  is  no  more 
than  a  few  curled  banana  leaves  and  the  dwelling  without  walls  of  any  kind. 
At  the  side  of  the  door  are  seen  two  or  three  bows.  The  Negrito  puts  into 
making  his  bow  and  arrows  all  the  pains  that  he  neglects  to  put  into  the  con- 
struction of  his  house. 


[130] 


'■ 


SIT 

4  b 


i 


PLATE  3 

The  height  of  the  American  is  5  feet  9%  inches.  Many  of  the  Negritos  are 
of  mixed  blood  and  consequently  the  average  height  of  the  tribe  is  above  what 
one  would  expect  to  find  in  a  tribe  of  dwarf  blacks.  These  wiry  little  men  are 
at  home  in  the  tropical  jungle.  Slipping  through  it  noiselessly  and  speedily  on 
their  quest  for  game  or  on  missions  of  vengeance,  they  inspire  no  little  fear  in 
their  neighbors.  The  Ifugaos  have  quite  poignant  traditions  of  the  time  when 
the  Negritos  lived  in  the  surrounding  forests.  To  this  day  in  the  general 
welfare  ceremonials,  they  call  a  deity  that  is  a  Negrito  spirit,  and  address  him 
as  follows:  "We  also  are  Negritos.  Do  not  shoot  us  with  your  bow  and  arrow. 
Shoot  our  enemies  instead  because  we  are  all  Negritos  together. ' ' 


[132] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON)     PLATE    3 


PURE-BLOOD   NEGRITO   AND   AMERICAN 


PLATE  4 

The  Benguet  Igorots  live  to  the  south  of  the  Ifugao.     Notice  that  the  hair 
is  banged  over  the  forehead. 


[  134  ] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &.    ETHN.    VOL.     15  [  BARTON  |     PLATE    4 


I 


/ 


V, 

1 

J 

I'.KM.I    K'l'    ICOKOT    WOMAN 


PLATE  5 
The  Benguet  and  Lepanto  women  are  the  only  women  of  the  mountain  tribes 
that  habitually  wear  a  garment  above  the  waist. 


[136] 


PLATE  6 

Among  the  Lepanto  the  upper  garment  is  frequently  padded  with  rags  and 
patched  and  repatched  until  it  becomes  ' '  a  coat  of  many  colors. ' '  The  women 
are  stocky  and  hardy.  They  do  a  greater  portion  of  the  work  than  do  the 
women  of  other  tribes. 


[138] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON   |     PLATE    6 


.EPANTO   WOMEN 


PLATE  7 

The  Bontoc  tattoo  is  exceedingly  elaborate.  Neither  a  man  nor  a  woman 
may  be  tattooed  except  when  a  successful  head-hunting  expedition  has  returned 
to  the  village  or  ward. 


[140] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON]     PLATE    7 


A  BONTOC   MAX 


PLATE 


The  saucy,  uudomesticated  expression  of  the  face  is  characteristic  of  the 
Bontoc  Igorot.  To  describe  with  a  single  word  the  dispositions  of  the  three 
upper  mountain  tribes  of  northern  Luzon,  it  could  be  said  that  the  Kalinga  is 
a  rake,  the  Bontoc  a  dare-devil,  and  the  Ifugao  a  mystic. 


[142] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON]    PLATE    8 


A   BONTOC  (JIKT, 


PLATE  9 

The  room  proper  of  the  Bontoc  house  is  above  the  level  of  the  eaves.  It 
rests  on  piles.  It  is  used  only  as  a  granary  and  storeroom.  Beneath  this  room 
and  protected  from  the  inclemency  of  the  weather  by  two  or  three  planks  on 
each  side  the  family  cooks  and  eats.  At  one  corner  of  this  space  beneath  the 
house  proper  is  a  tight  box  in  which  husband,  wife,  and  baby,  if  there  be  one, 
sleep.    The  other  children  sleep  in  the  dormitories  of  the  unmarried. 

Note  the  sweet-potato  patches  all  about  the  house.  Sharpened  reeds  are 
stuck  up  in  these  to  impale  the  serpent  eagle  should  he  swoop  down  upon  the 
chickens. 


[144] 


v.    f    r      f   If   £§y 


PLATE  10 

Note  the  red  flowers  above  the  man's  ears,  the  feathers  in  his  hair,  and  the 
gong  which  is  held  by  a  jawbone  taken  from  an  enemy's  head.  The  woman's 
ear-ornaments  and  the  spangles  on  her  skirt  are  mother-of-pearl.  Around  her 
wrists  are  wrapped  strand  upon  strand  of  beads.  The  Kalingas  are  the  wealthiest 
of  the  mountain  tribes  and  the  fondest  of  ornaments. 


[146] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [  BARTON  |     PLATE     10 


. 


nnrrrmTi-rrtttlH 


A  KALINGA  MAN  AND  WOMAN 


PLATE  11 

This  village  is  on  the  border  line  between  Bontoc  and  Lepanto.  Igorots  of 
both  these  tribes  live  in  large  compact  villages  and  have  a  rudimentary  political 
organization.  The  Ifugaos,  on  the  other  hand,  live  in  very  small  villages  or  in 
isolated  groups  of  two  or  three  houses  and  have  not  even  a  vestige  of  political 
organization. 


[148] 


$®RJKi 


mfj/tf  i  "m  iff-  '■••"!?  ■■"' 


'    I   If  Afl»f 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON]     PLATE     12 


Jr.       ,'Sttt'f 

•    \y       '.'.      ?y 


[FUGAO  OF  PINDUANGAN   VILLAGE 


PLATE  13 

Patikwal,  a  strong  character,  famous  in  the  whole  region  as  a  go-between 
1  as  a  priest. 


[150] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [  BARTON  |     PLATE     13 


rPTJGAO   OF   CTMBUL   VILLAGE 


PLATE  14 

According  to  Ifugao  custom,  Kuyapi  must  wear  his  hair  long  because  he 
has  not  avenged  the  death  of  his  father.  The  coming  of  the  Americans  pre- 
vented this  vengeance. 


[152] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON]     PLATE     14 


[FUGAO  OF   PIXDL'AXGAX   VILLACE 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15 


BARTON  |     PLATE     15 


v  ;? 


1'HKKK    IFICAO    BF.LLE: 


PLATE  16 

The  following  conventional  tattoo  patterns  may  be  distinguished.  The  dog, 
eagle,  centipede  (running  up  from  each  breast),  scorpion,  lightning  (zigzag), 
shield. 


154] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    <&,    ETHN.    VOL.    15  [BARTON]    PLATE    16 


A   TATTOOKD    IKUC.AO   OK    KABABUYAX    DISTRICT 


PLATE  17 

This  is  one  of  the  best  houses  built  by  a  Philippine  population.  Note  the 
fenders  on  the  piles  to  prevent  ingress  of  rats.  The  house  is  so  constructed 
that  its  very  weight  holds  the  frame  together. 


[156] 


PLATE  18 

This  valley  is  not  hemmed  in  by  such  steep  mountains  as  most  other  districts 
of  Ifugao.  The  view  is  surpassingly  beautiful,  combining  as  it  does  the  rugged 
mountain  ranges,  the  fields  and  huts— the  work  of  man — and  the  palms  and 
feathery  bamboos  in  the  foreground.  The  picture  illustrates  a  feature  that 
bears  out  the  statement  made  in  the  text  as  to  the  Ifugao 's  skill  as  a  mountain 
agriculturist.  Note  the  fields  in  the  right  foreground.  The  hive-shaped  hum- 
mocks comprise  the  superior  six  inches  of  the  field's  soil.  This  soil  has  been 
heaped  up  by  the  women  working  with  their  bare  hands  in  order  that  it  may 
be  aerated  and  the  decomposition  of  partially  decayed  vegetable  matter  completed. 


[158] 


5 


« 


7/ 
1 


■J'':'    ■■ 

My  <M 

y     ;,  i 


■ 


'  ;.v 


■ 


^1/ 


,/ 


y&^Mm 


:4tA  'Iff 


PLATE  20 

This  is  a  terraced  mountain  side  that  has  excited  the  admiration  and 
astonishment  of  every  traveler  who  has  had  the  hardihood  to  venture  to  its 
remote  location  in  the  interior.  The  area  of  rice  fields  pictured  here  is  about 
12  kilometers  long  without  a  break  in  its  continuity.  Some  of  the  terrace 
walls  are  60  feet  high.  A  little  to  the  right  of  the  middle  of  the  picture  and 
on  the  fourth  or  fifth  tier  of  walls  above  the  river  are  three  human  figures 
which  may  be  used  by  the  reader  to  seize  some  idea  of  the  scale  of  the  picture. 
Small  groups  of  houses  may  also  be  distinguished  on  jutting  ledges  of  the 
mountain  side. 


[160] 


PLATE  21 

Although  this  valley  does  not  make  so  striking  a  panorama  as  does  the 
Benaue  valley,  the  view  is  really  even  more  magnificent.  From  the  river  to 
the  top  of  the  terraced  area  one  may  count  110  rows  of  terraces. 


162] 


[  BARTON  ]    PLATE    21 


■'££  A-  « 


CALIF.    PUBL.   AM.   ARCH.    &    E 


I  BARTON  ]    PLATE    21 


ASIN  VALLEY,  IPVO. 


PLATE  22 
Note  that  the  height  of  the  terrace  walls  usually  exceeds  the  width  of  the 
fields.     This  is  very  frequently  the  case  throughout  Ifugao  land. 


[164] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON  |     PLATE    22 


A   PICTUBESQTJE   NOOK    IX    HUNDUAN,   IFUG 


PLATE  23 

Young  rice  plants  are  taken  from  the  seed  beds  and  transplanted  in  the 
field.  Women  do  most  of  this  work,  since  their  hands  are  nimbler  than  men's. 
The  men  do  most  of  the  work  of  preparing  the  fields. 


[166] 


m 


j- 


- 


1  , 

*    -    ■  • 

[■4\ 

•) 

?A 

aiin 

. 

j£*jtt 

**m    ^M 

fe^  *^* 

^1 

•  jS  BS 

^- 

'  c 

ypin  ' 

r.^    _  _ 

^1 

~^$  ,x  •  ■ 

i 

- 

»     *=* 

t> 

fc  vR 

H^tf. 

2L 

4        *              -*J 

PLATE  24 

The  hagabi,  or  lounging  bench,  is  the  rich  man 's  insignia  of  rank.     The  rice 
is  thrown  into  the  air  for  the  poor  to  scramble  for. 


[168] 


PLATE  25 

This  picture  shows  how  the  Ifugaos  carry  their  babies.  The  oban  blanket 
with  which  the  child  is  held  on  the  back  is  of  great  importance  in  cases  of 
illegitimate  birth,  since  its  gift  by  the  father  to  the  mother  constitutes  a  recog- 
nition of  the  child. 


[  170  ] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.    15  [BARTON]    PLATE    25 


IKI-(iAo   MOTHER  AND  I  III 


PLATE  26 

The  man  on  the  left  has  recently  killed  an  enemy.  About  his  neck  he  wears 
a  string  of  crocodile  teeth.  In  his  costume  may  be  discerned  suggestions  of 
the  cock's  comb,  his  wings,  and  his  tail.  The  two  men  are  about  to  perform 
a  mimic  dance,  in  which  one,  representing  a  full-grown  cock,  overcomes  the 
other,  representing  a  half -grown  cock.  Priests  near  by  pray  that  the  warriors 
of  their  village  may  be  like  unto  the  full-grown  cock. 


[  172  ] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.     15  [BARTON  |    PLATE    26 


^ 

*  V 


two  ifi'i.ahs  ih;kssi.i>  Kin;  tiik  cock-hhht  dawk 


PLATE  27 
Priests  are  reciting  myths  and  invocations   against  the   enemy   dur 
progress  of  the  cock-fight  dance. 


[174] 


PLATE  28 

This  is  one  of  the  most  stupendous  spectacles  that  the  life  of  a  barbarian 
people  has  to  offer.  The  front  of  the  shields  is  striped  with  zigzag  white  lines. 
The  processions  are  often  a  mile  long  and  1000  or  even  2000  people  frequently 
take  part  in  them.  The  men  wear  gaudy  head-dresses,  women's  beads,  and 
strips  of  white  fiber  about  the  legs  and  arms.  The  participants  dance  along 
their  way,  turning  from  one  side  to  the  other.  Viewed  from  a  distance,  one 
of  these  processions  as  it  dances  slowly  along  on  a  rice-field  dike  looks  like 
nothing  so  much  as  a  gigantic,  squirming  centipede. 


[176] 


PLATE  29 

In  one  hand  she  holds  a  knife,  in  the  other  a  spear.  Corpses  of  the  murdered 
are  always  propped  up  against  a  house  pile — never  put  in  a  death  chair,  as  are 
corpses  of  those  dead  from  natural  causes.  The  corpse,  too,  is  neglected  in  order 
to  make  the  soul  angry  and  incline  it  to  vengeance. 


[178] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.    15  [BARTON]    PLATE    29 


BoI>Y  of   MURDERED  [FUGAO  girl 


PLATE  30 

One  of  the  participants  is  dipping  his  hand  into  the  pot  of  boiling  water. 
His  party  stands  beside  hirn,  spears  pointed  toward  the  earth.  The  other 
member  and  his  party  are  on  the  other  side  of  the  pot.  The  go-between  squats 
directly  back  of  the  pot. 


[180] 


PLATE  31 

Note  the  8  rice-wine  jars,  the  knives  ami  spears,  the  2  pigs,  the  6  rude  cages 
containing  chickens,  the  8  copper  pots,  the  2  coats  (formerly  part  of  the  uniform 
of  American  soldiers),  the  baskets  and  dishes. 


[182] 


PLATE  32 

The  boy  and  girl  in  the  center  have  been  recently  married  and  are  being 
elevated  to  the  rank  of  kadangyang,  or  wealthy.  The  boy  carries  a  cock  hanging 
from  his  belt,  the  girl  a  hen  in  her  hand.  The  men  and  women  are  kindred  of 
the  boy  and  girl. 


[184] 


'  ' 


v^ 


c 


1      : 


PLATE  33 

When  a  person  of  Tcadangyang  rank  is  placed  in  the  death  chair  he  is  dressed 
in  the  costume  of  that  rank.  These  bodies  are  sometimes  kept  in  the  chair  for 
as  many  as  13  or  15  days.  At  the  right  of  the  picture  may  be  seen  the  monwahhca 
(primitive  undertaker),  whose  business  it  is  to  care  for  the  body  and  finally  to 
carry  it  on  his  shoulders  to  the  sepulchre  on  the  mountain  side.  For  these 
services  he  receives  a  very  trifling  compensation.  Note  that  the  treatment  of 
the  bodies  of  those  dead  from  natural  causes  is  very  different  from  the  treatment 
of  the  bodies  of  the  murdered  or  those  dead  by  violence.  The  former  are  shown 
great  care  and  respect;  the  latter  are  neglected  and  bereft  of  the  usual  dignities 
of  death.  ' 


[186] 


UNIV.    CALIF.    PUBL.    AM.    ARCH.    &    ETHN.    VOL.    15  [  BARTON  |    PLATE    33 


ll-  I'd  ah  CORPSE  IX  THE  DEATH  I  HAIB 


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